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RECEIVED 
&PR 5 1989 
LAW UBWffY 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 

ADMINISTRATIVE ORDER 

FINAL DECISION LETTERS 

PROPOSED RULES 

Human Resources 
NRCD 



t^V/STRNl^ 



FINAL RULES 

Transportation 



ISSUE DATE: APRIL 3, 1989 



Volume 4 • Issue 1 • Pages 1-151 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day? 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publicE 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fui 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimur 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is suj 
plemented monthly with replacement pages, 
one year subscription to the full publication ii 
eluding supplements can be purchased fc 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administratis 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19i 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 









NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 
P. (). Drawer 11666 
Raleteh, i\C 27604 

(919) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



I. EXECUTIVE ORDERS 

Executive Orders 85-86 1 

II. ADMINISTRATIVE ORDER 

Administrative Order 4 

III. FINAL DECISION LETTERS 

Voting Rights Act 5 



IV. PROPOSED RULES 
Human Resources 

Mental Health, Mental 
Retardation and Substance 

Abuse 17 

Vocational Rehabilitation 

Services 7 

NRCD 

Community Assistance 134 

Environmental Management.... 18 

Marine Fisheries 47 

Wildlife Resources and 
Water Safety 134 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



V. FINAL RULES 

Transportation 

Motor Vehicles 140 



VI. CUMULATIVE INDEX 151 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


Last Day 


Last Day 


Far lie st 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Llectronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+**+*+++ 


***+*+*+ 


++****♦* 


+**+***+ 


******** 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01 '89 


01/10/89 


0F17/89 


03/03/89 


06/01/89 


0215 89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03 15 S9 


02/21/89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03/10/89 


03/17/89 


05/03/89 


08/01/89 


04/14,89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05/15/89 


04/24/89 


05/01/89 


06/14/89 


09/01/89 


06/01/89 


05/10/89 


05 17/89 


07/01/89 


10/01/89 


06/15/89 


05/24/89 


06/01/89 


07/15/89 


10/01/89 


07/03/89 


06/12/89 


06/19/89 


08/01/89 


11/01/89 


07 14 89 


06/22/89 


06/29/89 


08/13/89 


11/01/89 


08,01/89 


07/11/89 


07 18 80 


08/31/89 


12/01/89 


08/15/89 


07/25/89 


08/01/89 


09/14/89 


12/01/89 


00 01 89 


08/11/89 


08/18'89 


10/01/89 


01/01/90 


09/15/89 


08/24/89 


08/31/89 


10/15/89 


01/01/90 


10 02 X9 


09/11/89 


09/18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10/02/89 


11/15/89 


02/01/90 


11/01/89 


10' 11/89 


10/18/89 


12/01/89 


03/01/90 


11/15/89 


10/24/89 


10/31/89 


12/15/89 


03/01/90 


12/01/89 


11/07/89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


01/02/90 


12/07/89 


12/14/89 


02/01/90 


05/01/90 


01/16/90 


12/20/89 


12/29/89 


02/15/90 


05/01/90 


02/01/90 


01/10/90 


01/18/90 


03/03/90 


06/01/90 


02/15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02/22/90 


03/01/90 


04/14/90 


07/01/90 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04 16 00 


03 23 90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the title with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXEC! FIVE ORDER NUMBER X5 

AMENDING EXECUTIVE ORDER NUMBER 53 

GOVERNOR'S INTER-AGENCY ADVISORY 

TEAM ON ALCOHOL AND OTHER DRUG 

ABUSE 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, it 
is ORDERED: 

Section 1: Executive Order Number 53 is 
amended to read as follows: 

"It has been made to appear to mc as follows: 

1 . The dual dangers of alcohol and other drug 

abuse pose a growing threat to the con- 
tinued progress and prosperity of North 
Carolina. The catastrophic effects of 
these hazards touch all segments of our 
population. 

2. Several state agencies maintain alcohol and 

drug abuse programs, and to combat al- 
cohol and drug abuse most effectively, it 
is essential for such state agencies to co- 
ordinate the development of these pro- 
grams and delivery of these services. 

Therefore, by the authority vested in me as 
Governor bv the Constitution and laws of North 
Carolina, it is ORDERED: 

Section 1. ESTABLISHMENT 

The Governor's Interagency Advisory Team on 
Alcohol and Drug Abuse, hereinafter called the 
"Advisory Team," is hereby established. The 
Advisory Team shall consist of not less than 
eleven members and shall include the following: 

Deputy Secretary of the Department of Cor- 
rection, or his designee; 

Executive Director of the Governor's Crime 
Commission, or his designee; 

Director of the Division of Mental Health, 
Mental Retardation and Substance Abuse 
Services in the Department of Human 
Resources or his designee; 

Director of Division of Youth Services in the 
Department of Human Resources, or his 
designee; 

Assistant Director of State Bureau of Investi- 
gation, or his designee; 

Director of Alcohol and Drug Defense in the 
Department of Public Instruction, or his 
designee; 

Director of Youth Advocacy and Involvement 
Office, or his designee; 

Director of the Governor's Highway Safety 
Program, or his designee; 



The Secretary of the Department of Com- 
merce or his designee; and 
The Lieutenant Governor or his designee. 
The Chairman of the Governor's Council on 
Alcohol and Drug Abuse Among Children and 
Youth shall be the Chairman of the Advisory 
Team and the members shall serve at the pleasure 
of the Governor. 

Section 2. FUNCTIONS 

(a) The Advisory Team shall meet on at least 
a quarterly basis and may hold special meetings 
at any time at the call of the Governor, the 
chairperson, or three of its members. 

(b) The Advisory Team shall have the follow- 
ing duties: 

1. Coordinate existing state alcohol/drug pro- 

grams and services in order to eliminate 
duplication and maximize the efficient use 
of resources; 

2. Provide guidance and direction in the ex- 
pansion, development, and implementa- 
tion of new alcohol and other drug abuse 
programs; 

3. Review the General Statutes of North 
Carolina applicable to alcohol and other 
drug abuse and report to the Governor on 
proposed legislation that may be needed; 

4. Coordinate and cooperate with the North 

Carolina Drug Cabinet to the end that the 
work of both agencies shall be the most 
effective. 

5. Perform such other duties as assigned by 
the Governor. 

Section 3. ADMINISTRATION 

(a) The Department of Administration shall 
provide administrative support and staff as may 
be required by the Advisory Team. 

(b) Each agency shall defray any costs incurred 
by the appointee in carrying out the functions of 
this appointment. 

(c) It shall be the responsibility of each Cabinet 
Department to make every reasonable effort to 
cooperate with the Advisory Team in carrying 
out the provisions of this order. 

(d) The Division of Mental Health, Mental 
Retardation and Substance Abuse Services shall 
provide funding for the travel and subsistence 
costs incurred by the Chairman of the Advisory 
Team. 

Section 4_ I I I ECTIVE DATE AND EXPI- 
RATION 

This Executive Order shall become effective 
immediately and will expire in accordance with 
North Carolina law two years from the date it is 
signed. It is subject to reissuance at expiration." 



NORTH CAROLINA REGISTER 



EXECUTIVE ORDERS 



Section 2: This Executive Order shall become 
effective immediately. 

Done in the Capital Citv of Raleigh, this the 1st 
day of March, 1989. 

EXECUTIVE ORDER NUMBER 86 

MINIMIZATION OF SOLID, HAZARDOUS, 

AND INFECTIOUS WASTE AND THE 

CONTROL OF TOXIC AIR POLLUTANTS 



The waste disposal problem in North Carolina 
is enormous. All types of disposal practices -- 
from incineration to wastewater discharge to 
landtilling -- are adversely impacted by the sheer 
volumes of waste which are becoming greater per 
person each year. 

Clearly, North Carolina must have adequate 
waste treatment and disposal capacity. Such fa- 
cilities must be properly located and designed, 
well operated, and extensively monitored to en- 
sure that public health and the environment are 
protected, including limitations on toxic air 
pollutant emissions. But along with additional 
waste treatment and disposal capacity comes an 
equal if not greater need to reduce the amount 
of wastes generated in the first place. 

First and foremost in any long-term solution to 
the waste problem is an emphasis on waste 
stream reduction. No law, regulation, or pro- 
gram aimed at the environmentally safe disposal 
of wastes of any sort will ultimately be successful 
if it does not include as its fundamental basis a 
vigorous and sustained conservation effort, in- 
cluding incentives, education, market develop- 
ment, and source reduction techniques such as 
recycling, recovery, and reuse. Simply disposing 
of wastes is no longer appropriate. Instead, 
wastes must be managed with emphasis on con- 
servation. Conservation must be the first 
thought and continuing basis of all environ- 
mental and public health protection programs. 

ACCORDINGLY, 

WHEREAS, the quality of the environment in 
North Carolina is a key element in the contmued 
growth and progress of the State; and 

WHEREAS, the State of North Carolina 
produces more waste than it has capacity to treat 
or destroy; and 

WHEREAS, as economic and population 
growth continue, the environment is relied upon 
more heavily each year to accept wastes which 
accompany such growth; and 

WHEREAS, it is essential that the State have 
adequate waste treatment and disposal facilities; 
and 



WHEREAS, incineration may play an integral 
role in an environmentally sound waste manage- 
ment system; and 

WHEREAS, effective control of toxic air 
pollutants is an essential and key element to en- 
sure adequate protection for human health and 
the environment; and 

WHEREAS, as the most desirable waste man- 
agement strategy to be undertaken, North 
Carolina has stated its commitment to pre- 
vention, minimization, and recycling of wastes 
before they impact the State's environment and 
is committed to reduce its dependence on land- 
fills as a means of solid waste disposal by the year 
2006; 

NOW THEREFORE, By the authority vested 
in me by the Constitution and laws of North 
Carolina, and consistent with statutory authori- 
zations and powers it is ORDERED: 

That the State shall expand its commitment to 
preventing, minimizing, and recycling of wastes 
by incorporating waste reduction in all decisions 
by pollution control authorities in the following 
manner: 

SECTION 1. 

(a) As a condition for the issuance thereof, 
applicants for permits, permit modifica- 
tions and permit renewals for the dis- 
charge of wastewater or incinerator 
emissions attendant to the treatment and 
disposal of solid and hazardous wastes, 
shall demonstrate to the satisfaction of the 
Secretary of the Department of National 
Resources and Community Development, 
or his designee, that, to the extent rea- 
sonably technologically and economically 
achievable, (i) the applicant has under- 
taken source reduction and recycling 
techniques and methods to reduce the 
volume, pollutant level and or toxicity of 
the same and (ii) the wastewater dis- 
charge and incinerator emission levels 
sought in the applications are the lowest 
achievable after waste reduction; and 

(b) The State shall exercise its authority to 
obtain, review and certify information 
from each facility that generates, treats, 
stores, recycles or disposes of hazardous 
waste to ensure that is has a Waste Min- 
imization Program in affect as required 
under Sections 3002(b) and 3005 (H) of 
the Hazardous and Solid Waste Amend- 
ments of 19S4; and 

SECTION 2. 

Consistent with its statutory authorities and 
powers, the Environmental Management Com- 



SORTH CAROLINA REGISTER 



EXECUTIVE ORDERS 



mission shall expedite the development and Commission shall expedite the development and 
promulgation of rules sufficient to control the promulgation of ambient air standards for toxic 
emissions of toxic air pollutants from waste pollutants, 
incinerators and utilize its existing statutory au- 
thority to ensure that any such permits issued SECTION 4. 

after the effective date of this Order provide ade- /Ml Executive Orders or portions of Executive 

quate control of toxic air emissions. Orders inconsistent herewith are hereby 

rescinded. 

SECTION 3. 

further, consistent with its statutory authorities Done in Raleigh, North Carolina this 1st day 

and powers, the Environmental Management of March, 1989. 



NORTH CAROLINA REGISTER 



ADMINISTRA TIVE ORDER 



STATE OF NORTH CAROLINA PS THE OFFICE OF 

ADMINISTRATIVE HEARINGS 
COUNTY OF WAKE 



Rules II and III of the Rules of Continuing Judicial Education adopted by Order of the Supreme 
Court on October 24, 1988, are hereby adopted by reference and made applicable to administrative 
law judges appointed under Article 60, Chapter 7A of the General Statutes, with the following 
modifications: 

Rule II A. The first sentence will be interpreted to read: 

"Every administrative law judge shall, within the first year after appointment, attend the Admin- 
istrative Law - Fair Hearing, or comparable course, by whatever name, provided by the National 
Judicial College." 

Rule II B. The words "administrative law judge" are substituted for the words "judge and justice 
of the trial and appellate division." 

Rule II C. The last two sentences are deleted. 

Rule III E. The words "Chief Administrative Law Judge" are substituted for the words "Chief 
Justice." 

Reporting and recording of continuing judicial education activities shall be carried out by the 
Administrative Services Manager under the procedures previously established and presently in ef- 
fect. 

Expenses for continuing judicial education activities will be provided in accordance with educa- 
tion and travel policies of the Office of State Budget and this Office in effect at the time the specific 
instruction is commenced. 



This the 21st day of March, 1989. 



s/Robert A. Melott 



Chief Administrative Law Judge 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United Slates in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JPT:JKT:RA:jmc 

DJ 166-012-3 Voting Section 

Y1491-1496 P.O. Box 66128 

Y3046 Washington, D.C. 20035-6128 

March 3, 19S9 

DeWitt F. McCarley 

City Attorney 

P. O. Box 72007 

Greenville, North Carolina 27835-7207 

Dear Mr. McCarley: 

This refers to the six annexations [Ordinance Nos. 1888, 1914, 1915, 1922, 1923, 1927 (1988)] and 
the designation of the annexed areas to single-member districts for the City of Greenville in Pitt County, 
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended, 42 L'.S.C. 1973c. We received your submission on January 12, 1989. 

The Attorney General does not interpose any objections to the changes In question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 

51.41). 

Sincerely, 



James P. Turner 
Acting Assistant Attorney General 
Civil Rights Division 



By: 



Barry II . Weinberg 
Acting Chief, Voting Section 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:JKT:RA:gmh 

D.I 166-012-3 Voting Section 

Y1551;Y3392 P.O. Box 66128 

V27S7; Y3393 Washington, D.C. 20035-612* 

March 13, 1989 



Jesse L. Warren, Esq. 
City Attorney 
Drawer W-2 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

This refers to two annexations (Ordinance Nos. 89- 1 and 89- 14) and the designation of the an- 
nexed areas to single-member districts for the City of Greensboro in Guilford County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 L'.S.C. 1973c. We received your submissions on January IS and February 17, 1989. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-day review period. See the Procedures 
for the Administration of Section 5 ?2S C.F.R. 51.41 and 51.43). 



Sincerely, 



James P. Turner 
Acting Assistant Attorney General 
Civil Riahts Division 



Bv: 



Barn' II. Weinberg 
Acting Chief, Yotins Section 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



No 



peals concerning the administration of the rules 
in this Chapter shall be filed and conducted in 
accordance with G.S. 150B and 10 NCAC J_B 
.0200- The provisions of 10 NCAC IB .0200 are 



otice is hereby gh-en in accordance with G.S. 
I SOB- 12 that the Division of Vocational Rehabili- 
tation Services intends to amend rides cited as 15 
SCAC 20B .0201 - .02/7; adopt rules cited as 15 
SCAC 20 B .021 S - .0228. 

1 he proposed effective date of this action is Au- 
gust 1, 19,39. 

1 he public hearing will be conducted at 2:00 
p.m. on May 5, 19S9 at Conference Room. Divi- 
sion of I ocational Rehabilitation Services, 
Haywood Building, S05 Ruggles Drive, Dorothea 
Dix Campus, Raleigh. NC. 

K^omment Procedures: Any interested person 
may present his her comments at the hearing for 
a maximum of ten minutes or by submitting a 
written statement. Any person wishing to make a 
presentation at the hearing should contact: Jackie 
Stalnaker, Division of Vocational Rehabilitation 
Services, P.O. Box 26053, Raleigh, NC 27611, 
(919) 7J3-3J64 by May 4, 19S9. The hearing 
record will remain open for written comments 
from April 5, 1989 through May 4. 1989. Written 
comments must be sent to the address above and 
must state the proposed rule or rules to which the 
comments are addressed. Fiscal information is 
also available upon request from the same address. 

CHAPTER 20 - VOCATIONAL 
REHABILITATION 

SUBCHAPTER 20B - PROCEDURE 

SECTION .0200 - CONTESTED CASES: 

ADMINISTRATIVE REVIEWS: 

APPEALS HEARINGS 

.0201 APPLICABILITY OK RULES 

foi Aft administrative - hearing watt be hel4 prior 
to final action e*ft a mat tor by- tbe division ftf ve- 
cational r e habilitation sefviees if tbe action wab 
affect a right, privilege, ftf benefit already enjoyed 
by- a specific party unless tbe action fs- tak e n » 
a» emergency situation. 

(&) Whenever tbe division t+£ vocational rehu 
bilitation service ; ) takes *ft action winch affects a 
nght, privilege, ftf b e nefit t4 a specific party, b 
w+ft notify tbe party ift writing ftf that- party's 
nght to aft administrative h e aring »» tbe matter. 

L.xcept for administrative reviews and appeals 
to be conducted according to the proMsions of 
Rules .0202 through .0228 of this Section, ap- 



adopted by reference under G.S. 150B- 14(c). 

Authority G.S. 143-546: 143B-10(j); 150B-I1; 
150B- 14(c): 34 C.F.R. 361.48. 

.0202 WRITTEN INFORMATION FOR 
APPLICANTS AND CLIENTS 

faf Before a hearing request fftay- be made, a 
person must f+fst- make reasonable efforts to fe- 
solve tbe problem with tbe division &f- vocational 
r e habilitation services informally &j through tbe 
proper appeals channel &? grievance procedure. 
lnc|uiries ef complaints should be directed to tbe 
p e rson fo charge ftf tbe program, institution, fo- 
cility. offic e &f agency with which the complaint 
b dealing. 

fb)- 1'ollowing such infonrial contact aft4 review 
with agency personnel, should dissatisfaction 
continu e to exist, tbe individual fftav request a 
heanng by- following tbe courses ef- action fof tbe 
specific areas et dissatisfaction noted: 

bt) to. cas . es involving aft applicant ef recipient 
ftf vocational rehabilitation services under 
tbe state plan fof vocational rehabilitation 
services where there b continued dissatio 

t'i,'tii\t\ ii -itli • t « ^ \ ■ 'i.-ti,ni ,\ 1 t It * ■ i , t ,-iti , 1 1 I nitk 

TT.TV X It'll TTTTTT CCTTT ULlll.Ml 1 1 1 FTTC CCSC 1 H- I tTTTTT 

regard to tbe furnishing m- denial ef- such 
sen' ices, (be individual may foe a request 
fof a hearing with then- 

Director 

Division ef Vocational Rehabilitation Services 

f*2b North Wert Street 

bfort ome# jfo* z&m 

Ral e igh. North Carolina 3-3444 
{2} Should toe dissatisfaction be to tbe realm 
»f a policy, rule, ef procedure trt tbe divi 
si on, tbe individual Fftay- foe a request fof 
a hearing with the? 

Deputy Director 

Division fo Vocational Rehabilitation Sende e s 

b3b North West Street 

Pert ©ffiee 4fo* 340^ 

Ral e igh, North Carolina 27611 

(e) Such a request must contain tbe following 

information: 

(44 name sta4 address fo petitioner, 

£3) a concise statement ef tbe agency action 

being challenged, 
(3) a concise statem e nt ef tbe w-ay- fo which 

tbe petitioner has been aggrieved, aftb 
bH a clear affo specific demand fof hearing. 
fd4 Such requests wab be promptly acknowl 
edged aftb a hearing scheduled promptly, if 
deemed appropriate. 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) All applicants for and clients receiving vo- 
cational rehabilitation sen ices shall he lntormed 
of the opportunities lor an administrative review 
and an appeal available under 34 (. . 1 ■ . R . 3M.4S 
and Rules .0202 through "22X of this Section. 

(hi Written mtormation shall he provided to 
all applicants and clients informmg them: 

( 1 ) of their right to an appeals hearing when 
thev are dissatisfied with anv determi- 
nations made hv the division concerning 
the furnishing or denial of service; 

( 2) that thev have the option of seeking re- 
solution of the issue through an adminis- 
tratis review prior to an appeals hearing: 

(3) that the rehabilitation counselor, rehabili- 



tation coordinator or other designated 



staff of the di 



lvision \vi 



ill assist them in 



(Al 



preparation of the written request for an 
administrative review and or appeal and 
will inform them of the name and address 
of the appropriate regional director to 
whom the request shall he submitted: and 
that thev mav receive assistance with th 



resolution of their problems through the 

Client .Assistance Program. 
( c I At the time o[ initial application, all appli- 
cants shall be informed verbally of the name and 
address of the regional director Uj whom requests 
for administrative reviews and or appeals shall 
be submitted. At the time an applicant or client 
wishes to submit a request tor an administrative 
review and or appeals hearing, the same infor- 



mation shall be tumished in writing to the mdi 

'. ulii.il 



Authority G.S. 143-546; I43B-10Q); I SOB- 11; 
34 C.F.R. 36/.4S. 

.0203 REQUEST FOR ADMINISTRATIVE 
REVIEW AND APPEALS HEARING 

(-*+ 44** dir e ctor t*f kV deputy director as ap- 
propriate, k* whom request is made. v44 decide, 
subject k* director 5 approval. whether t*f »e4- k* 
grant a h e aring. 

(4*+ A decision w* a request k>F a hearing ¥r44 
be issued promptly aft4 m- »e ea«* later than 40 
da; . 5 after submission (-4 kV request. Awy- denial 
■■ hall contain a ■■ tatement t-4 k+e feasefis leading 
k* k+e decision k+ deny kSe reqiio - 4. Approval 
t4 a request Vr44 be made by- k*e issuance t4 a 
notic e &( h e aring k* a party under these rule '. . 

(al When anv applicant for or client receiving 
vocational rehabilitation services wishes to re- 



(b) The request shall indicate if the individual 
is requesting: 

( 1 ) an administrative review and an appeals 
hearing to be scheduled concurrently; or 

(2) only an appeals hearing. 

(ci I he request shall contain the following in- 
formation: 

the name, address and telephone number 






ot the applicant or client: and 
a concise statement of the determination(s) 
made bv the rehabilitation staff for which 
an administrative review and or appeal are 
being requested and the manner in which 
the persons rights, duties or privileges 
have been affected bv the 

determination(s'). 



(di It a client is requesting an administrative 
review and the issue to be reviewed concerns the 
denial of services already underway under the 



client's individualized written rehabilitation pro- 
gram I 1WRP) and the client wishes the disputed 
services to continue during the administrative re- 
view. the client shall indicate the desire to have 



-r— the semces continued in the request for an ad- 



ministrative review and submit the request prior 
to the effective date of the change in the IWRP. 
I he division shall provide for the continuation 
^ the disputed semce set forth in the client's 
1WRP during the administrative review for a pe- 
riod not to exceed 30 calendar davs from the 
proposed effective date o(_ the change m the 
[WRP unless the disputed service is 

of 



contraindicated 



on 



the 



basis 



medical psychological information contained in 
the individual s case record, in which case the 
service shall not be continued. 



Authority G.S. 143-546; 143B-10(j); 150B-I1: 
34 C.F.R. 361.48. 

.0204 DIVISION ACTIONS IN RESPONSE 
TO REQUEST 

} ■ ■iilnr.i l 1 i ■ l t-\ - 1 r-t \ t , -l n.i t i T 1 ; t \-t ■ i .1.1. . 1 m -it t . t , -1 t t i I ir 
n 1 1 c 1 1 ^_ rrr cr t'lti i t ttt i i v > 1 1 1 t i 1 1\~ \-i\. . 1 1 zj 111 1 l. u l > i iilvi 

©£ h+* desire k+ appear a«4 make a presentation 
at- a hearing within tea days after receiving ae- 
rification e+ a right k> a hearing shall result » a 
waiver h4 kV opportunity kw a hearing. 

(a) I pon receipt of a request for an appeals 
hearing, the regional director shall immediately 



forward the original 



;quest to the division's 



deputy director for appointment of a hearing of- 
ficer to conduct the appeals hearing. 

(hi If the individual has requested an adminis- 
trative review in addition to an appeals hearing. 
the regional director shall: 



quest an administrative' review and or an appeals 

hearing, the individual shall submit a written re- ( 1 ) make a decision to conduct the adminis 

quest to the appropriate regional director of the 

division. 



trative review or appoint a designee to 
conduct the administrative review who: 



\ORTH CAROLI.XA REGLSTER 



PROPOSED RULES 



(21 



(A) has had no previous involvement in the 
issues currently in controversy 

(B) can conduct the administrative review 
in an unbiased way; and 

(C) has a broad working knowledge of the 
division's policies and procedures and the 
State Plan for Vocational Rehabilitation 
Services (state plan ) ; and 

proceed with, or direct the designee to 
proceed with, an administrative review 
according to the provisions of Rules 
.0205, .0208. and .0209 of this Section. 



(c) The regional director shall send the applicant 
or client written acknowledgment of receipt of 
the request and inform the individual that addi- 
tional information will be sent regarding the ad- 
ministrative review and or appeals hearing. 

(d) The regional director shall provide the Cli- 
ent .Assistance Program with a copy of the re- 
quest and the response to the request. 

Authority G.S. 143-546; 143B-I0(j); 150B-11; 
34 C.F.k. 361.48. 

.0205 SCHEDULING AND NOTICE OF 
ADMINISTRATIVE REVIEW 

fa} Notice - of a hearing f . hall be given reason 
ably io advance of the hearing so as to allow the 
party affected time to prepare for the hearing aoo 

villi tut t~> . t \ , \, i t II ' ill <■■" . i ■ i \ - .- axaani i » | ■ ■mtliim f i ^ il 

fof emergencies. 

fb} fo d e t e rmining the p e riod between notice 
a«4 h e aring ah pertinent factors wth be consid 
ered which may include: 

(-h> the compl e xity of the issues involved, 
(4) the number of parties, 
(4) the probable length of the presentation at 
the h e aring. 

r i j un. i'i v'i nj v 1 1\- . 1 uutjv " to ctt i i " r r i titic cttt i n i n l v. .' 

without r e sort to publication, 
(■§} the probability of prehearing motions ao4 

subpoenao, a«4 
f6} the relationship between the rulemaking 

ao4 fulfilling responsibilities under federal 

fo) h* addition to the requirements specified i» 
North Carolina Gen e ral Statute 150 A 2T the 



notic e : 



<3* 



shall give the name, titl e , address. afi4 
phone number of the hearing officer of of 
a person io the division of vocational Fe- 
habilitation sefviees to contact f-ot further 
information of discussion; aF»4 

shall includ e a statement that failure to 
appear at the hearing may- r e sult h* the 
decision off the ease b e ing made m the 
party's absence; atni 



i l\ r*-i n X I i*JJJQ |LQtii>J I \ t t 1 ^ . | TmJj 'inil ulnnn Till- 

rJT 1 1 iu t nrr riLri ivv kji i i iv cxtxt^ CEz iu I 'IUI.T. ttth 

the preh e aring conference, if afty-r 

(a) If an administrative review is to be con- 
ducted, the regional director or designee shall: 

( 1) set a date, time and place for the adminis- 
trative review; 

(2) send written notification by certified mail 
to the applicant or client and the individ- 
ual's parent, guardian or representative, 
as appropriate, of the date, time and place 
for the administrative review at least live 
days prior to the administrative review; 

(3) advise the applicant or client in the written 
notice that a heating officer will be ap- 
pointed by the deputy director to conduct 
a hearing if the matter is not resolved in 
the administrative review and that the ap- 
plicant or client will also receive a written 
notice from the hearing officer regarding 
the formal appeals hearing which will be 
held after the administrative review; and 

(4) notify the Director of the Client Assistance 

Program (CAP) and other individuals to 
be involved in the administrative review 
of the request and the date, time and place 
for the administrative review. This no- 
tification may be bv phone or in writing. 

(b) ['nor to the administrative review, the re- 
gional director or designee shall review all previ- 
ous decisions and casework related to the 
applicant or client and seek whatever consulta- 
tion, explanation, documentation, or other in- 
formation that is deemed necessary, utilizing the 
division's CAP Director as appropriate. 

Authority G.S. 143-546; I43B-I0(j); 150B-11; 
34 C.F.R. 361.48. 

.0206 APPOINTMENT OF HEARING OFFICER 

fa} A petition to intervene of right, as provid e d 
m North Carolina General Statute 1 A 1 , Rul e 
4h wih 1 he granted, if timely, aF*4 the petitioner 
meets the criteria of that rul e . A petition wilt he 
considered tunely if a grant would Ret cause 
substantial prejudice to the rights of the parti e s, 
substantial add e d expens e , of serious inconven 
ience to the parties, including the division of vo- 
cational rehabilitation services. 

fb} A petition to intervene - permissivoly, as 
provided » North Carolina General Statute 

I t\ I , T^TTTT? li' 1 , Will T^t? fciJ III llt?iJ , IT I II 1 lUi'f llltOt?! \ H J 

of this Rule, when the petition e r meets the crito 
h* of that pole aod the division of vocational te- 
habilitation services detenninos that: 

fh} There is sufficient legal of factual similarity 
between the petitioner's assert e d rights, 
privil e g e s, of duti e s a«4 those of the pat- 
ties to the hearing; ao4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(44 Permitting participation by the petitioner 
would net unduly burden the hearing. 
fe4 Discretionary intervention w+lf be allowed 
upon timely petition, which i» He- ease w41f be 
alter termination ef the hearing itself, when 
deemed advisable te de se by the division ef ve- 
cational rehabilitation services. Intervention wttl 
be deemed advisable wh e n: 

(44 44*e information the petitioner desires t© 
present is relevant *h4 set repetitious ef 
merely cumulative; aftd 
(44 Permitting intenention by- the petitioner 
as a party would a*4 the disposition €4" the 
matter. 
f©4 A person desiring t© intervene fo a con 
tested ease must fee a written petition with: 
(44 the Dir e ctor. Division ef Vocational •Re- 
hubilitation Senices, when intervention is 
being sought fo behalf ©f a» applicant's 
©f recipient ef vocational rehabilitation 
s e nices contested cases surrounding the 
furnishing ef denial ef rehabilitation sef- 
vices; ©f 
(44 the deputy director v . hen intenention is 
souglit ©«• other contested items. 
(e4 -bhe petition filed must include the follow 
me infonnation: 

(44 a citation ef any- statutory ©f non statutory 
grounds fof intenention: if none, the pe- 
tition should se indicate; 
(44 a statement ef the claim ©f defense fo fe- 

spect ©f which intenention is souglit; 
(44 foW id e ntification ef the hearing t» winch 

petitioner is seeking t© intervene: affo 
(4) a summary ef the arguments ©f evidence 
petition e r seeks te present. 
(f) ff the division ef vocational rehabilitation 
s e nic e s determines te allow intenention. notifi 
cation ef that decision w+H- be issued promptly te 
aft parties aft4 te the petitioner by the appropn 
ate o flicer. fft eases ef discretionary intenention. 
notification watt include a statement ef the linn 
tations. 4 aeyr ef tim e , subj e ct matter, evidence 
ef whatever efse is deemed necessary which afe 
imposed e« the intervener. 

(-g4 ff the division ef vocational rehabilitation 
senices' decision is te deny intenention. the 
p e titioner w+H- be notifi e d promptly. Such notic e 
w+4 stat e all r e asons fof the d e cision tm4 wall be 
issued te ah- parti e s as wefl as te the petitioner 

I'pon receipt of the applicant's or client's re- 
quest for an appeals hearing from the regional 
director, the deputy director shall appoint an 
impartial hearing officer who meet s the criteria 
of 34 (MR 3H.l(ci(2) to conduct a hearing. 

Authority G.S. 143-546; 143B-J0Q); 150B-I1; 
34 C.F.R. 361.1(c)(2); 34 C.F.R. 36I.4S. 



.0207 SCHEDULING AND NOTICE OF 
FORMAL APPEALS HEARING 

fo4 Afty party may move fof a change ef venue 
by filing a motion wat» tee appropriate officer at 
least foe days before the hearing. 44*e motion 
must contain: 

(44 the party's name aft4 address, 

(4) identification ef the contested ease ae4 the 

sch e duled hearing, 
(44 the county i» which the party requests that 

the hearing be held, m4 
f4) a concise statement ef the r e asonG fof a 
change fo venue. 
fb4 44ie h e aring officer appointed by the tfeee- 
tef w-ttf consider the motion a«4 promptly notify 
the movant ef the decision, including the reasons 
fof the decision, ff the motion is approved, the 
hearing officer wttf issue notice ef change ef 
venue te all other parties. 

(a) The hearing officer shall schedule the formal 
appeals hearing, to be held within 45 days of the 
original request by the applicant or client as de- 
scribed in Rule .0203 of this Section. 

(b) The hearing officer shall provide the appli- 
cant or client and the division written notice of 
the date, time and place of the hearing and the 
issue(s) to be considered at least ten days prior 
to the hearing. A copy of the notice shall be sent 
to the Client Assistance Program. 

(c) The notice shall inform the applicant or 
client and the division: 

( 1 ) of the procedures to be followed in the 
hearing; 

(2) of the particular sections of the statutes, 
federal regulations, state rules, and state 
plan involved; 

(3) of the rights of the applicant or client as 
specified in 34 C.F.R. 361.48(c)(2); 

(4) that the hearing officer may extend the 
time for the hearing by 20 days if the par 



ties jointly agree to a delay and submit a 
written statement to that effect to the 
hearing officer; and 
(5) that the hearing may be cancelled if the 
matter is resolved m an administrative re- 
view. 



(d) Notice shall be given personally or by cer- 
tified mail. If given by certified mail, it shall be 
deemed to have been .given on the delivery date 
appearing on the return receipt. 

Authority G.S. 143-546; 143B-10(j); 150B-11; 
34 C.F.R. 361.4S. 

.0208 ADMINISTRATIVE REVIEW 

(*4 ff fof any reason the hearing offic e r ef 
member ef the body conducting tbe hearing de- 



10 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tonnincs tbat personal bias ©f othor faotoro 
would prevent hif» from conducting the hoaring 
aftd performing aM duties t» aft impartial manner, 
be shall submit, ift writing, t© the director b» 
disqualifications ana tbe reasons therefore. 

(b) If fat a»y reason w party » a contested 
ease believes that- tbe hearing offic e r ©f a member 
©f tbe body conducting the hearing is personally 
biased ©f otherwise unable t© conduct tbe h e ar 
iftg a»d perform all duti e s m a» impartial man 
ftetr tbe party may- file a sworn, notarised 
affidavit witb tbe director which states all faets 
tbe party deems relevant t© tbe disqualifications 
©f tbe allegedly biased person. 

(©} Aft affidavit ©f disqualification will be con 
sidered timely if filed before commencement ©f 
tbe hearing. Any other affidavit will be deemed 
tim e ly, provided it- is filed at tbe fifst opportunity 
after tbe party b e comes awar e ef facts which give 
pise t© a reasonable belief tbe person may be dis- 
qualified under this R.ule. 

(4) Investigation 
f+4 ^f-be director shall decide whether t© dis- 
qualify tbe person(s); 

(3) ibe person(s) whos e disqualification is t© 
be determined, will set participate » tbe 
decision bat- may be cull e d e» t© furnish 
infonnation t© tbe director; 

I "I \ 1 Ii^a . li «-■ >. '< . -n- ekalj ■-■ >->.-» , mil ■ > «-<-i ; kjaa It. .«- . -. t tin 
1.7 1 I I TV U1I V\ I T. I I TTTTTTT Ul * I TTITn cT ITTvTTTTTCT CTT CTTC 

division ©f vocational rehabilitation sef- 
vices t© investigate tbe allegations ©f tbe 
affidavit; 

(4) Wte investigator w+11 report tbe findings 
a»4 recommendations t© tbe director who 
w+H- then decide whether t© disqualify tbe 
challenged individual. 

fe} When by reason ©f personal bias ©f fike 
caus e s tbe h e aring offic e r ©f hoaring body is dis- 
qualified after tbe hearing has begun, a aew 
hearing wtll be initiated if requested by tbe party 
who filed tbe affidavit ©f personal bias ©f a»y 
other party. Otherwise, a new hearing officer will 
be designated a»d tbe hearing w+11 continue. 

ff} When faf reasons other than personal i«- 
terest aftd fik-e causes, a h e aring offic e r is dis- 
qualified ©f otherwise is unable to continue tbe 
hearing; anoth e r hearing officer will replac e him, 
a»d tbe hearing will be resumed e xc e pt: 

f+i When ©fal testimony has already been 
given, a©d it- is determined by tbe succ e s 
s©f hearing offic e r that tbe viewing af tbe 
witness is a» important element af tbe 
case, » which ease that portion af tbe 
testimony a«d evid e nc e will be repeated; 

(3) When continuation af tbe hearing would 
result a* substantial prejudice t© tbe rights 
af tbe parties. 



i kj i i 10 iwin iiiiiiuinjii vtt n i ivi 1 ivi i o^ro msig uiiu 

continuing tbe 6ase will r e sult i» substantial 

«-v «-. -i 1 1 ii-li,'ii < f 4 j-\ *-» f> BO f ""' / ' QIJ LuA '"* ' ' ' ' ; *~* O 3 O O J> Q 1 1 1 CM 
1*1 CI UUll P t^ TTT T^P 1 1 IUUU OT 1 1 TV 1 IL. M I 1 LM1 1 1 I JL, L' I 1 IL L 1 

a? tbe r e maining members af tbe hearing body 
witb fiftal determination af such being w+tb the 
dir e ctor. 

(bi Determinations ©f decision af disqualif 
ications, continuation af tbe hoaring, rehearing 
af a portion af all ©f a contostod case, ©f dis- 
missal af a ease without prejudice, tog e ther with 
a statement ©f reasons wiH be part ©f tbe record 
©f tbe ease and wib be communicated t© all par- 
ties promptly. 

(a) Within 15 days of the original request for 
an administrative review by the applicant or cli- 
ent, the regional director or designee shall hold 
the administrative review with the applicant or 
client; the individual's parent, guardian or repre- 
sentative, as appropriate; the CAP Director, as 
appropriate; and other individuals deemed nec- 
essary' by the regional director or designee. 

(b) Within five working days of the adminis- 
trative review, the regional director or designee 
shall make a decision and notify the applicant or 
client and others using the following procedures: 

( 1 ) compile a written report of the adminis- 
trative review outlining the purposes of 
the administrative review, the participants, 
the decision that was reached^ and the ra- 



tionale for the decision; 



Ql 



01 



send the written report containing the de- 
ci.Mon to the applicant or client by certi- 
fied mail with return receipt requested, 
with a copy being placed in the individ- 
ual's official case record, and copies being 
forwarded to the deputy director and the 
CAP director; and 

provide instructions to the applicant or 
client of steps that may be taken in re- 
sponse to the decision and the deadline for 
the responses. A form indicating agree- 
ment with the decision and requesting that 
the hearing be cancelled shall be included 
for the applicant's or client's signature if 
the individual agrees with the decision. 



Authority G.S. 143-546; 143B-10Q); 
34 C.F.R. 361.48. 



.0209 



150B-11; 



RESPONSE TO ADMINISTRATIVE 
REVIEW DECISION 

faf ff a party served with notic e fails t© appear 
without having notified tbe person designated i» 
tbe notice and ft©t continuanc e , adjournment, ©f 
hke disposition is ordered, tbe hoaring officer 
H»y procood witb tbe hearing ift tbe party's ab- 
sence, ©f adjourn tbe hearing aftd set- it- faf aft- 

,-^tl-iAr , bit Q tli-it li 'ill li^ ■H . 1 1 ■ i rm iti.i.l l^i - t f 1 . X i 1 1 T , \i ' 1 I 1 r 
I 1 1 1 I C 1 L(lt I V. I I 1 It I TTTTT l.'V- UL 11 rXTUTI \-^J *-r J TTTC^ CTTTCXTTTrT 



NORTH CAROLINA REGISTER 



11 



PROPOSED RULES 



(h4 U a party fails te appear, the division of 
vocational rehabilitation sefvtees shall wait te» 
day ;, b e for e isstBftg a d e cision, m order te give At* 
party (s) a chance tt* petition fof reopening. 

fe) if a hearing is conducted m- the absence ef 
* party, be may petition the division ef voca 
tional rehabilitation sefviees fof a reopening ef 

cTTv l_ II 'V_ t1 I 1 1 1 1 1 I Evil Bn J -" t_ll I *_ I I 1 EC UUIL v< I 1 1 H 

heiiring. Petition;) will Ret he granted except 
v . hen a petitioner eae shew that the reason ;, fof 
the failure te appear were justifiable ae4 that 
fainie ;.;. require ;, r e op e ning ef the cas e . 
(4+ 44+e decision whether te reopen the ease 

^^^tLl f " i , i LI i ^ i 11 1 ^ I 1 i I t T i i 1 ,± ■ , iim ^^^^^1 ^^^i * ■ | i t ^i L^^^i 

** 1 1 T V 'V III tTTTTTTT!; LI I III CT H. ' I > TT 1 1 1 I 'V T^CTTT H' CRQ 

petitioner ae4 a copy made a prtft ef the record. 
(a) If the applicant or client is satisfied with the 
decision resulting trom the administrative review. 



the individual shall sign the form described in 
Rule .<>2PS(h)(3) of this Section and submit it to 
the regional director within five days of receipt 
of the decision. The regional director shall in- 
form the deputy director of the request to cancel 
the hearing immediately and forward the form to 
the deputy director who shall submit it to the 
hearing officer. 

(b) If the heanng officer does not receive a 
written request from the applicant or client that 
the hearing be cancelled, the hearing shall be 
conducted as scheduled unless negotiations 
produce a settlement that is satisfactory to both 
parties prior to the hearing. 

(c) ]f the hearing is cancelled, the hearing offi- 
cer shall send the applicant or client and the di- 
vision written notice of the cancellation m the 
same manner as required for notice of the hearing 
in Rule .(1207(d) of this Section. A copy of the 
notice of cancellation shall be sent to the Client 
Assistance Program. 



Authority G.S. 143-546; 143B-10(j); 150B-II; 
34 C.F.R. 361 AS. 

.0210 ADMINISTRATIVE REVIEW BV 
DEPUTY DIRECTOR 

Continuance ;. , adjournments, aft4 hhe disp 
ositiono w411 he granted te a party only m- com 
pelling circumstances, especially when e«e such 
disposition has been pros iously request e d by aed 
granted to- the party. 

In situations where the issue currently in con- 
troversy involves action taken by the central of- 
fice of the division, the deputy director or a 
designee of the deputy director shall be responsi- 
ble tor the duties prescribed for the regional di- 
rector in these rules. 



.021 1 PROCEDURES GOVERNING HEARING 

A«y- person receiving notico ef a contootud ease 

r 1 1 ' • i n n i * m au 1 1 1 q ix uin^tflp 'iir'iri^r * I : * * o * " taa . 1 ■ . i . 
nvunTTi inu i roc ™ ttttttvtt uj i o * i \. i tt i i itt^t c^tt wt^r^ 

el receiving ity bet at least prior te commenco 
m e nt ef the hearing by- delivering ef mailing the 
answ e r te the p e rson designated » the notico. 

The appeals hearing shall be conducted accord- 
ing to the provisions of 34 C.F.R. 361.4S(c)(2)(i) 
and (u) and (d) and according to Rules .0212 
through .0222 and Rule .0225 of this Section. 



A uthoritv 
34 C.F.R. 



G.S. 143-546; 
361.48. 



143B-I0(j); 1 SOB- 1 1; 



.0212 VENUE 

(a+ ^Fhe conference will be informal te nature. 
(4*4 -J-he conf e rence wei be noted » the notice 
ef hearing e? t» a subsequent notice, if a confer 
ence is later determin e4 te he nocosoary by- the 
appointed hearing officer. 

(e) : fhe purposes ef this conference w4ii be te 
discuss: 

ff} the possibility ef simplification ef issues, 

(■3+ stipulation ef facto ef findings, 

(4} identification ef areas where evidence w4H 

be needed. 
(-44 indication ef discovery ef subpo e nas 

needed. 
(44 the need fef consolidation ef cas e s ef joint 

h e arings, aee 
(&) aey- other matters which will r e duc e costs 
ef save tim e ef otherwise aid expeditious 
disposition ef the contested oaoo. 

(a) The appeals hearing shall be held in the 
county of residence in this State of the applicant 
or client 

(b) Anv party desiring a change of venue shall 
file a written motion for a change of venue with 
the hearing officer and serve copies of that mo- 
tion on all other parties at least seven days prior 
to the date for which the hearing is set. 

(c) The motion shall include the following in- 
formation: 

( 1 ) the name, address, and telephone number 
of the movant; 

(2) identification bv the case name and docket 
number of the proceeding for which the 
change is sought; 

of* (3) the time, date, and place for which the 

hearing is scheduled; 
(4) the county in which the party requests that 
the hearing be held; 

requested change, in- 



n> 



statement of the 



Authority G.S. 143-546; 
34 C.F.R. 36/.4S. 



143B-10(jj; 150B-11; 



eluding the names and addresses ot any 
witnesses whose convenience represents 
the basis for the request; and 



12 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(6) any other factors that should be considered 
in ruling on the request. 

(d) Any party may object to a motion for a 
change of venue by filing a written notice of ob- 
jection with the hearing officer within three days 
after receipt of the motion and serving copies of 
the notice of objection on all other parties. The 
notice of objection shall state clearly the grounds 
for the objection. 

(c) The hearing officer shall determine whether 
a change of venue is appropriate and shall issue 
an order granting or denying the motion. The 
order shall state the reasons for the decision. 
Copies of the order shall be served on aU parties. 

Authority G.S. 143-546; I43B-I0(j); 150B-11; 
34 C.F.R. 361.48. 

.0213 DISCOVERY 

Iixcept as may be prohibited by a statute, the 
parties to a contested case, specifically including 
the division ef vocational rehabilitation services 
may aureo in advance to simplifying the hearing 

(-14 eliminating issues to be contested a* toe 

hearing. 
(3) accepting toe validity ef certain proposed 

evidence, 
frty accepting the findings m- some other ease 

with relevance to the ease at hand, of 
(44. agreeing to such other matters as may e*- 

podite the hearing. 

(a) Parties in appeals hearings shall exchange 
information voluntarily, seek access to public 
documents as provided by law, and exhaust other 
informal means of obtaining discoverable mate- 
rial. 

(b) Within 15 days after receipt of a request for 
discovery' or within such other time limit as the 
hearing olficer may set, the party from whom 
discovery - is requested shall either: 

( 1) provide the requested material or access 
to that material to the discovering party; 

(2) provide a schedule for compliance with the 
request for discovery; or 

(3) file a written motion with the hearing of- 
ficer for relief from the request for discov- 
ery. 

(c) Any dispute regarding discovery shall be 
referred to the hearing officer for resolution. The 
hearing officer shall issue an order resolving the 
dispute and containing the reasons for the ruling. 
Copies of the order shall be served on all parties. 

Authority G.S. 143-546; 143B-10(j); 150B-11; 
34 C.F.R. 361.48. 

.0214 PRE-HEARING CONFERENCE 



(a4 Subpoenas requiring the attendance of wit- 
n e ss e s, of those to produc e documents, ovidonoo, 
of things, will be issued promptly by the h e aring 
offic e r with the assistance ef the h e aring offioo 
aftor receipt ef a roquost from a party to the ease 
fop such a subpoena, oxoept as stated » this 
Rah* 
(h) A request top a subpo e na shall include: 
(44 the name and address ef the person Fe- 

questing the subpoena; 
(34 fall identification ef the hearing to which 
the witness of ov i denoo is to be 
subpoenaed; 
(34 nam e and addross ef the p e rson(s) whose 

appearanoo is sought; 
(4) specific identification, including a detailed 
description, an4 sp e cific designation ef 
present location, including namo and ad- 
dress ef person(s) with possossion ef a»y 
documents, ovidonco, of things sought; 

(-54 the reasons the person e* things should 
be compelled to attend the h e arings m- 
cluding a statement ef the rel e vanc e and 
significance ef the person of thing to the 

KAA J\J CO lu 1 1 IV* CTTCTT 1 1 IV IU.11 UI V IU 1 LTL'UVJ CT 

subpo e na would have en the party's caso. 

(e4, 44»e individual issuing the subpoena will- 
have the discretion to refus e a requost for the is- 
suanc e ef a subpoena if clearly e» its feet value 
the request is objectionablo of unreasonable 

(d+ Hxcept as Fnay be otherwise stated m a 
particular oubpoona, any- person receiving a 
subpoena from the division ef vocational reha 
bilitation services may object promptly thoroto 
by filing a written objection to the subpoena 



Director 
Division ef Vocational Rehabilitation S e rvic e s 

VJi_ U 1 * I J 1 11 1 f ' UJl L.I I 1 G ^- I 

Pest Qffiee lie* 36054 

Raleigh, North Carolina 2761 1 

Such a request must include a concise, bt±t com 

pleto statemont ef reasons why the subpo e na 

should be revoked of modified. 

(e4 Any such objection shall be servod e» the 
party who requested the subpoona at the same 
time it is filed with the division ef vocational re- 
habilitation services. 

(f) 44*» party requesting the subpo e na, m such 
tone as fnay be granted by the hearing officer, 
may file a written response to the objection, 44*e 
respons e shall be served in like manner as the 
objection. 

(g4 After r e ceipt ef the objection and any Fe- 
sponse, the hearing officer shall issu e a notice to 
the person requesting and the person challenging 
the subpoena and fnay notify all other parties ef 



NORTH CAROLINA REGISTER 



13 



PROPOSED RULES 



aft opi ' n hearing te- be scheduled as ooon as 
practicable at v , hich evidence a»d testimony may 
be presented limili ' d tft the questions raised by 
the objection a«4 a«y respons e . 

(4*4 Promptly alter tfte close ftf such hearing, 
the hearing officer w441 tftle ©» the challeng e a«4 
issu e a written decision. A copy e£ the decision 

i i 'i 1 1 !■*.-* ■■■-ii.i.l t , -v -ill *-> ■ i rl i, n- '■ T-i . 1 »-»-» .i.l.t « «-\ - ,rl /i J t K . i 
TTTTT r^CT 1 33Q L^J FTT HIT pnTTTCT' CTTTTT 1 1 IUUV. tx I 'HI I tTr 1 1 IV 

record 

(a) Upon notice to all parties, the hearing offi- 
cer rnav instruct the parties to participate in a 
prc-hearing conference. 

(h) The conference shall be informal in nature. 

(c) The conference shall be noted in the notice 
of hearing or in a subsequent notice if a confer- 
ence is later detennined to be necessary by the 
hearing officer. 

(d) The purpose of the conference will be to 
discuss: 

( 1 ) the possibility of simplification of issues, 

(2) stipulation of facts or findings, 
identification of areas where evidence will 



til 



be needed, 

indication of discovery or subpoenas 
needed, and 

any other matters which will reduce costs 
or save time or otherwise aid expeditious 
disposition of the case. 



Authority G.S. 143-546; 
34 C.F.R. 36/.4S. 



143B-10(j); 15013-11; 



.0215 SIMPLIFICATION OF ISSUES 

A party who wants a transcript ef a hearing et 
{♦art trt a hearing should contact: 
Deputy Director 
Division ȣ Vocational Rehabilitation Services 
&34> North Wert Street 
Pert Qffiee ft©* 34044 
Raleigh, Nftrth Carolina 336W- 
The parties to the hearing may agree in advance 
to simplification of issues by: 
( 1 ) eliminating issues to be contested at the 
hearing, 



(2) accepting the validity of certain proposed 
evidence, 

(3) accepting the findings in some other case 



til 



sor 
with relevance to the case at hand, or 

agreeing to such other matters as may ex- 
pedite the hearing. 

Authority G.S. 143-546; 143B-10(j); I50B-11; 
34 C.F.R. 361.48. 

.0216 SUBPOENAS 

(*rt I' xcoptions tt* a proposal fof decision aftd 
alternative proposed findings trt fart must be filed 
with the division rf vocational rehabilitation ser- 



vices within te» days eftbe receipt ©fthe hearing 
officer's proposal fof decision. Afty e xceptions 
t& the agency procedur e during the hearing, the 
handling &f the hearing by- the h e aring officer, 
rulings »» e vidence, ©f a»y other matters must 
be written aftd Fefef specifically t» pages ef the 
record ef otherwise precisely identify the occur 
r e nc e being obj e ct e d tftr- 

(b4 Upon receipt e£ exceptions aftd propooals 
el forty the division ef vocational r e habilitation 
servic e s w4U determine whether the action e#- 
cept e d te resulted i» substantial projudico t© the 
party aftd issue a«y- orders fof corrective action 
doomed necessary i» light ef the exceptions. 

(©+ A»y party fftay present eral arguments te 
the division ef vocational rohiibilitation s e rvices 

1 1 nnn rt^n i f ■^■"~* £ * »■" " cfl ■■■ '.>■ ♦ ^ oa ■ » c * t^g I « 1 q q nitl-nn 

TTT^TTTT TT^T^™^T PTnjTT 1 ^-*-J LIPT'lfl t ! 1 Wt I 'IJ I QQQ " 1 I 1 111 1 

te» days after receipt ef the proposal fef decision. 

(4} Upon receipt ef request fef efal argument, 
notic e wrtl be issu e d promptly te aH parti e s a»d 
te- tbe hearing officer designating the tbwe aft4 
place fef such efal argument. 

fe4 f« presenting efal aftd written arguments, a 
party fftay ftet introduce a«y sew- e videnc e ef 
witn e sses. 

ff4 -fbe division ef vocational rehabilitation 
services »»ay set reasonable time limits f©f the 
pres e ntation ef efal arguments. 

(g) ?be division ef vocational rehabilitation 
services shall make its decision aftd- issue it » 
writing within 44 days after receipt ef the e#- 
ceptions ©f within -14 days after the efal hearing. 

(a) Subpoenas requiring the attendance of wit- 
nesses or the production of documents or other 
evidence shall be issued promptly by the hearing 
officer after receipt of a request from a party to 
the case for such a subpoena, except as stated in 
this Rule. 

(b) Requests for subpoenas shall be made to 
the hearing officer in writing. The requests shall 
be filed within a reasonable time after the need 
for the subpoena becomes evident to the re- 
questing party. 

(c) A request for a subpoena shall contain the 
following information: 

( 1) the full name, the home and business ad- 
dresses, and the home and business tele- 
phone numbers of persons or specific 
identification of the documents or cate- 
gory of documents to be subpoenaed; 

(2) identification by case name and docket 
number of the proceeding for which the 
subpoena) s) is sought; 

(3) a brief statement of the potential relevance 
of the testimony or the documents sought; 

(4) the time, date, and place for responding to 
the subpoena. 



14 



XORTH CAROLINA REGISTER 



PROPOSED RULES 



(d) Subpoenas shall be served as directed bv the 
hearing officer and as appropriate to the circum- 
stances of the case. Methods of service may in- 
clude service by an employee of the agency or 
any method set out in G.S. 1A-1, Rule 45. The 
cost of service, any fees, and expenses of 
subpoenaed witnesses shall be paid bv the party 
requesting the subpoena. 

(e) Any person receiving a subpoena may ob- 
ject to the issuance of the subpoena bv filing a 
written notice of objection with the hearing offi- 
cer within ten davs after receipt of the subpoena 
and serving a copy of the objection on the party 
that requested the subpoena. The notice of ob- 
jection shall state the reasons why the subpoena 
should be revoked or modified. 

(f) The hearing officer shall determine the ap- 
propriateness of the subpoena and shall issue an 
order upholding, modifying, or revoking the 
subpoena. The order shall contain the reasons 
for the decision. Copies of the order shall be 
served on the party that requested the subpoena 
and the person that objected to the subpoena. 

Authority G.S. 143-546; 143B-10(j); 150B-11; 
34 C.F.R. 361.48. 



hearing in a fair and impartial manner, the party 
shall submit an affidavit to the hearing officer for 
consideration. The hearing officer shall deter- 
mine the matter as part of the record in the case, 
and this determination shall be subject to judicial 
review at the conclusion of the proceeding. 

(c) When a hearing officer is disqualified or it 
is impracticable for the hearing officer to proceed 
with the hearing, another hearing officer shall be 
assigned by the deputy director to proceed with 
the case. However, if it is shown to the deputy 
director or the newly assigned hearing officer that 
substantial prejudice to any party will result from 
continuation of the case then either: 

(1) the case shall be dismissed without preju- 
dice; or 

(2) all or part of the case shall be repeated as 
necessary to substantially prevent or sub- 
stantially remove the prejudice. The 
deputy director shall promptly inform all 
parties of the decision to assign a new 
hearing officer, that the case has been dis- 
missed without prejudice, or that all or 
part of the case is to be repeated. Such 
notification shall include a statement of 
the reasons for the decision. 



.0217 EVIDENCE 

A record &( all- administrative hearings wili be 
maintained fof three years, ft* record w+H- be 
maintained ift a f+le at- the Division ef Vocational 
Rehabilitation Servicoo, 634> North West Street, 
Raleigh, North Carolina, 2761 1, a«4 wth be 
available fof public insp e ction during regular ȣ- 
fiee hours. 

(a) Evidence to be admitted in the hearing shall 
be as specified in G_S_ 150B-29, G.S. 15nB-3Q, 
and G.S. 150B-31. 

(b) This adoption bv reference is made under 
G.S. 15DB-14(c). 

Authoritv G.S. 143-546; 143B-10(j); 150B-/1; 
150B-14(c); 150B-29; 150B-30; I50B-31; 34 
C.F.R. 361.48. 

.0218 DISQUALIFICATION OF HEARING 
OFFICER 

(a) If at any time the hearing officer believes 
he or she cannot conduct the hearing in a fair and 
impartial manner, the hearing officer shall submit 
to the deputy director a written statement indi- 
cating why he or she should be disqualified from 
the case. Submission of the statement shall dis- 
qualify the hearing officer. The deputy director 
shall inform all parties of the disqualification and 
the reasons therefor. 

(b) If a party to the case believes that the 
hearing officer of record cannot conduct the 



Authority G.S. 143-546; I43B-10(j); I50B-1I; 
34 C.F.R. 361.48. 

.0219 EX PARTE COMMUNICATIONS 

(a) Ex parte communications in the appeals 
hearing shall be governed by G.S. 150B-35. 

(b) This adoption by reference is made under 
G.S. 150B- 14(c). 

Authority G.S. 143-546; I43B-I0(j); 150B-11; 
150B-14(c); 150B-35; 34 C.F.R. 361.48. 

.0220 OATH 

No person may testify or present arguments, 
views, or data orally at the hearing before being 
put under oath or affirmation. 

Authority G.S. 143-546; 143B-I0(j); 150B-11; 
34 C.F.R. 361.48. 

.0221 CONDUCT OF HEARING 

(a) The hearing officer shall have complete 
control over the hearing, including: 

(1) the responsibility of having a record made 
of the hearing, 

(2) the administration of oaths and affirma- 
tions, 

(3) recognition of speakers, 

(4) prevention of repetitious presentations, 
and 

(5) general management of the hearing. 



NORTH CAROLINA REGISTER 



15 



PROPOSED RULES 



(b) The hearing officer shall conduct the hear- 
ing in a manner that will provide the applicant 
or client the rights required by 34 C.F.R. 
361.48(c)(2)(H). 

(c) The hearing shall not be open to the public. 

Authority G.S. 143-546; I43B-I0(j); I50B-11; 
34 C.F.R. 361.48. 

.0222 FAILURE TO APPEAR 

(a) If the applicant or client fails to appear at 
the hearing and does not have a representative 
present, the hearing officer shall cancel the hear- 
ing. 

(b) The applicant or client may submit a writ- 
ten request for rescheduling of the hearing to the 
deputy director. The request shall provide an 
explanation of the individual's failure to appear 
at the hearing or to have a representative present. 
The deputy director may instruct the hearing of- 
ficer to reschedule the hearing upon a showing 
of good cause by the applicant or client. 

Authority G.S. 143-546; 143B-10(j); 150B-II; 
34 C.F.R. 361.4S. 

.0223 HEARING OFFICER'S DECISION 

Following the hearing, the hearing officer shall 
make and issue a decision as specified in 34 
C.F.R. 361.48(c)(2)(iii). The decision shall be 
given to the applicant or client personally or by 
certified mail. If given by certified mail, it shall 
be deemed to have been given on the delivery 
date appearing on the return receipt. 

Authority G.S. 143-546; 143B-10(j); 150B-1I; 
34 C.F.R. 361.48. 

.0224 DIVISION DIRKCTOR'S REVIEW AND 
FINAL DECISION 

(a) The division director may review the hear- 
ing officer's decision and render the final decision. 

(b) The division director's decision to review 
the hearing officer's decision shall be based on 
the following standards of review: 

(1) Is the hearing officer's decision arbitrary, 
capricious, an abuse of discretion, or oth- 
erwise unreasonable: 

(2) Is the hearing officer's decision supported 
by substantial evidence, i.e., consistent 
with facts and applicable federal and state 
policy: 

(3) In reaching the decision, has the hearing 
officer given appropriate and adequate in- 
terpretation to such factors as: 

(A) the federal statute and regulations as 
they apply to specific issue(s) in question; 



(B) the state plan as it applies to the specific 
issue(s) in question; 

(C) division procedures as they apply to the 
specific issue(s) in question; 

(D) key portions of conflicting testimony; 

(E) division options in the delivery of ser- 
vices where such options are permissible 
under the federal statute; 

(F) restrictions in the federal statute with 
regard to such supportive services as 
maintenance and transportation; and 

(G) approved federal or division policy as 
it relates to the issue(s) in question. 

(c) If the division director decides to review the 
hearing officer's decision, the director shall send 
the written notification and allow the submission 
of additional evidence as required by 34 C.F.R. 
361.48(c)(2)(iv) and (vii). The written notifica- 
tion shall be given to the applicant or client per- 
sonally or by certified mail. If given by certified 
mail, it shall be deemed to have been given on 
the delivery date appearing on the return receipt. 

(d) Upon a determination to review the hearing 
officer's decision, the division director shall make 
the final decision and provide the written report 
thereof as required by 34 C.F.R. 
361.48(c)(2)(viii) and (ix). The final decision 
shall be given to the applicant or client personally 
or by certified mail. If given by certified mail, it 
shall be deemed to have been given on the deliv- 
ery date appearing on the return receipt. 

(e) The hearing officer's decision shall be the 
final decision under the conditions specified in 
34 C.F.R. 361.48 (c)(2)(v). 

(f) The division director shall forward a copy 
of the final decision, whether issued under (d) or 
(e) of this Rule, to the deputy director, the CAP 
director, the regional director, and the applicant's 
or client's representative, as appropriate. A copy 
shall also be included in the individual's official 
case record. 

Authority G.S. 143-546; 143B-J0(j); 150B-11; 
34 C.F.R. 361.48. 

.0225 EXTENSIONS OF TIME 

(a) Reasonable time extensions may be granted 
for the procedures in these rules for good cause 
shown at the request of a party or at the request 
of both parties except for: 

(1) the time for continuation of services dur- 
ing an administrative review as specified 
in Rule .0203(d) of this Section; 

(2) the time for conducting the appeals hear- 
ing as specified in Rule .0207(a) of this 
Section which may be extended only as 
specified in Rule .0207(c)(4) of this Sec- 
tion; 



16 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) 



(4) 



(5) 



the time for issuance of the written notice 
of the formal appeals hearing as specified 
in Rule .0207(b) of this Section; 
the time for the director's notice of review 
as specified in Rule .0224(c) of this Sec- 
tion; and 

the time for the division director's issuance 
of a final decision as specified in Rule 
.0224(d) of this Section which may be ex- 
tended only if the applicant or client re- 
quests an extension for good cause. 
When an extension of time is being granted 
by the person conducting the administrative re- 
view or by the hearing officer, consideration shall 
be given to the effect of the extension on dead- 
lines for other steps in the administrative review 
and appeals process. 



(b) 



Authority G.S. 143-546; 
34 C.F.R. 361.48. 



143B-J0(j); 150B-11; 



.0226 RECORD 

(a) The official records of appeals hearings shall 
be maintained in the central office of the division. 

(b) Any person wishing to examine a hearing 
record shall submit a written request to the dep- 
uty director in sufficient time to allow the record 
to be prepared for inspection, including the re- 
moval of anv confidential material. 



Authority G.S. 143-546; 
34 C.F.R. 361.48. 



143B-10(j); 150B-11; 



.0227 TRANSCRIPTS 

Any person desiring a transcript of all or part 
of an appeals hearing shall contact the office of 
the deputy director. A fee to cover the cost of 
preparing the transcript shall be charged, and the 
party may be required to pay the fee in advance 
of receipt of the transcript. The transcript may 
be edited to remove confidential material. 

Authority G.S. 143-546; 143B-10(j); 150B-11; 
34 C.F.R. 361.48. 

.0228 JUDICIAL REVIEW 

Judicial review of decisions issued pursuant to 
Rules .0202 through .0225 of this Section shall 
be as specified in G.S. 150B, Article 4 with the 
exception of G.S. 150B-51(a) which shall not 
apply. 

Authority G.S. 143-546; I43B-I0(j); I50B-11; 
150B, Article 4; 150B-5I(a); 34 C.F.R. 361.48. 

****************** 



lyotice is hereby given in accordance with G.S. 
1 SOB- 12 that the Commission for Mental Health, 
Mental Retardation and Substance Abuse Services 
intends to amend rule cited as 10 NCAC 45 H 
.0203. 

1 he proposed effective date of this action is Au- 
gust 1, 19S9. 

1 he public hearing will be conducted at 1:00 
p.m. on May 10, 1989 at Holiday Inn State Cap- 
itol, 320 Hillsborough Street, Raleigh, 

27603. 



N.C. 



Co 



■ omment Procedures: Any interested person 
may present his/her comments by oral presentation 
or by submitting a written statement. Persons 
wishing to make oral presentations should contact 
John Deluca, Division of Mental Health, Mental 
Retardation and Substance Abuse Services, 325 
N. Salisbury Street, Raleigh, N.C. 27611, (919) 
733-4772 by May 10, 1989. The hearing record 
will remain open for written comments from April 
10, 1989 through May 10, 1989. Written com- 
ments must be sent to the above address and must 
state the rule(s) to which the comments are ad- 
dressed. Fiscal information on these rules is also 
available from the same address. 

CHAPTER 45 - NORTH CAROLINA DRUG 
COMMISSION 

SUBCHAPTER 45H - DRUG TREATMENT 
FACILITIES 

SECTION .0200 - SCHEDULES OF 
CONTROLLED SUBSTANCES 

.0203 SCHEDULE II 

(d) Stimulants. Unless specifically excepted 
or unless listed in another schedule any material, 
compound, mixture or preparation which con- 
tains any quantity of the following substances 
having a stimulant effect on the central nervous 
system: 

(1) Amphetamine, its salts, optical isomers, 
and salts of its optical isomers - 1 100 

(2) Methamphetamine, its salts, isomers and 
salts of its isomers - 1 105 

(3) Phenmetrazine and its salts - 1631 

(4) Methylphenidate - 1724 
(4) Nabilono 

|Anothor name fof nabilono: 
(Qo)trans 3 (1,1 dunothylhoptyl) 6, 
6a,7, 8 ,10,10a hoxahydro 1 hydroxy 6, 
6 dim e thyl 911 dibenro[b,d)pyran 
9 ono). -1Z& 
(4} (5) Phenylacetone 



NORTH CAROLINA REGISTER 



17 



PROPOSED RULES 



Some trade or other names: 
Phenyl-2-propanone; P2P; 
benzyl methyl Ketone; 
methyl benzyl Ketone; - 8501 
ty (6| Phencyclidme - 7471 

(A) 1-Phenylcyclohexylamine - 7460 

(B) 1-Piperidinocvclohexane- carbonitrUe 
(PCC) - 8603 

(f) Hallucinogenic Substances. 

( 1 ) Dronabinol (synthetic) in sesame oil and 

encapsulated in a soft gelatin capsule in a 
U.S. Food and Drug Administration ap- 
proved drug product - 7369 
[Some other names for dronabinol: 
[(6aR-trans)-6a,7,8,10a-tetrahydro-6, 
6,9-trimethyl-3-pcntyl-6H-dibenzo 
[b,d]pyran-l-ol],or(-)-delta-9-(trans)- 
tetrahydrocannabinol| 

(2) Nabilone 

[Another name for nabilone: - 7379 
( + )-trans-3-(l.l-dimethvlhept\i)-6. 
6a,7,S.10.U>a-hexahvdro-l-hvdroxv- 
6.6-dimethvl-9H-dibenzo[b,d|pvran- 
9-one[. 

Statutory Authority G.S. 90-88; 143B-147. 



512 N. Salisbury Street 

Raleigh, NC 

PINE KNOLL SHORES 

May II, 1989 

7:00 p.m. 

North Carolina Aquarium 

(formerly the Marine Resources Center) 

Roosevelt Drive (offofHwy NC 58) 

Pine Knoll Shores, NC 

C ornment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
data, statements and other information may be 
submitted in writing prior to, during or within 
thirty (30) days after the hearing or may be pre- 
sented orally at the hearing. So that all persons 
desiring to speak may do so, statements may be 
limited at the discretion of the hearing officer(s). 
All persons making oral presentations are re- 
quested to submit a written copy to the hearing 
officer (s). For more information contact Gregory 
Thorpe, Div. of Environmental Management, P.O. 
Box 27687, Raleigh, N.C. (919) 733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 



TITLE 15 - NATURAL RESOURCES AND 
COMMUNITY DEVELOPMENT 



lyotice is hereby given in accordance with G.S. 
1 SOB- 12 that the Division of Environmental Man- 
agement (Environmental Management Commis- 
sion) intends to amend rules cited as 15 NCAC 
2B .0/01, .0103 - .0104, .0106, .0108, .0201 - 
.0206, .0208, .0211 - .02/2, .0215 - .0216, .0301; 
adopt rales cited as 15 NCAC 2B .0109, .0218; 
repeal rale cited as 15 NCAC 2B .02/3. 

1 he proposed effective date of this action is Oc- 
tober 1, 1989. 

1 he public hearings will be conducted at the fol- 
lowing locations, dates and times: 
ASHEV1LLE 
May 8, 1989 

7:00 p.m. 

Lecture Room 

Simpson Administration Bldg. 

Asheville- Buncombe Tech. Inst. 

Asheville, NC 

RALEIGH 

May 10, 1989 

7:00 p.m. 

Ground Floor Hearing Room 

Archdale Building 



SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0100 - PROCEDURES FOR 

ASSIGNMENT OF WATER QUALITY 

STANDARDS 

.0101 GENERAL PROCEDLRES 

(4f (a) The rules contained in Sections 2B .0100, 
2B .0200 and 2B .0300 of this Subchapter which 
pertain to the series of classifications and water 
quality standards shall be known as the "Classi- 
fications and Water Quality Standards Applicable 
to the Surface Waters of North Carolina." 

(a) (bj The Environmental Management Com- 
mission, prior to classifying and assigning stand- 
ards of water quality to any waters of the state, 
will proceed as follows: 

(1) The commission, or its designee, will 
identify determine waters to be studied for 
the propose of classification and assign- 
ment of water quality standards on the 
basis of user requests, petitions, or the 
identification of existing or attainable wa- 
ter uses, as defined by 15 NCAC 2B 
■ 0202( 15). not presently included in the 
water classification. a«4 noodo identified 
by fee Divir . ion ef- Environmental Man 
agemunt. 

(2) 34=h» commission wtH requ e st fee division 

te study After appropriate studies of the 
identified waters to obtain the data and 



18 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



information required for determining the 
proper classification of the waters or seg- 
ments of water are completed, the undor 
consideration. 
(4) The commission, &f ite dosigneo, w& des- 
ignate a hearing examiner &*■ examiners t» 
conduct a public hearing e» the matter ef 
classifying a«4 assigning water quality 
standards to- the waters under consid e r 

ri i i , i n 'mil 1 1 -i I 1 . ■ «-« ■ imMI * fa -~* <i 'ill * « r-trt , \ in^ 

tTTTTTTT CO lu TTTTr .'l.'tlll T L I 1U OUIV^ 1 1 1 1 EC • HI 1U 

place fof holding e ach public hearing. 
commission, or its designee, will make a 
decision on whether to initiate pro- 



ceedings to modify the classifications and 
water quality standards of identified wa- 
ters and will inform the commission of the 
decision prior to scheduling a public 
hearing. 

(3) In the case of a petition for classification 

and assignment of water quality standards 
according to the requirements of General 
Statute 150B-16, 44*e commission w41 Fe- 
quest the division te the director will 
make a preliminary recommendation on 
the appropriate classifications and water 
quality standards of the identified waters 
on the basis of the study findings and/or 
information included in the petition sup- 
porting the classification and standards 
changes. 

(4) The commission will make a decision on 
whether to grant or deny a petition in ac- 
cordance with the provisions of General 
Statute 150B-16 based on the information 
included in the petition and the recom- 
mendation of the director. The commis- 



(5) 



(6) 



si on may deny the petition and request 
that the division study the appropriate 
classifications and water quality standards 
for the petitioned waters in accordance 
with (b)(2) of this Rule. 

The commission director will give due 
notice of such hearing or hearings in ac- 
cordance with the requirements of Gen- 
eral Statute 143-214.1 andG.S. 150B, and 
will appoint a hearing officcr(s) in con- 
sultation with the chairman of the com- 
mission. 



The hearing e xamin e r ef examiners 
officer(s) will, as soon as practicable after 
the completion of the hearing, submit a 
complete report of the proceedings of the 
hearing to the commission. The hearing 
examiner officer(s) shall include in the re- 
port a transcript and /or summary of tes- 
timony presented at such public hearing, 
relevant exhibits, a summary of relevant 
information from the stream studies con- 



(7) 



ducted by the technical staff of the com- 
mission, and final recommendations as to 
classification of the designated waters and 
the standards of water quality and best 
management practices which should be 
applied to each the classifications recom- 
mended. 

The commission, after due consideration 
of the hearing records and the final rec- 
ommendations of the hearing examinor 
&f examiners, officer(s), will adopt its final 
action with respect to the assignment of 
classifications, and any applicable stand- 
ards or best management practices appli- 
cable to the waters under consideration. 
The commission will publish such action, 
together with the effective date for the 
application of the provisions of General 
Statute 143-215.1 and 143-215.2, as 
amended, as a part of the commission's 
official regulations, rules in accordance 
with General Statute 150B-59. 



(8) 



The final action of the commission with 
respect to the assignment of classification 
with its accompanying standards and best 
management practices shall contain the 
commission's conclusions relative to the 
various factors given in General Statute 
143-214. 1(d), and shall specifically include 
the class or classes to which such specif- 
ically designated waters in the watershed 
or watersheds shall be assigned on the 
basis of best usage in the interest of the 
public. 
(c) (A4 Freshwater Classifications. 
(1) (*4 Class C; suitable freshwaters protected 
for secondary recreation and aquatic life 
including fish propagation and fish sur- 
vival; all freshwaters are classified to pro- 



(21 



tect these uses at a minim um; 
fiv} Class B; ouitablo 



Class B; suitable fof swimming, 
freshwaters protected for primary recre- 
ation which includes swimming on a fre- 
quent and/or organized basis and all Class 
C uses; 
(3) (*} Class WS-I; waters protected as water 
supplies which are in natural and unin- 
habited or predominantly undeveloped 
(not urbanized) watersheds; no point 
source discharges of wastewater are per- 
mitted, except those categories of dis- 
charges or specific discharges qualifying 
for a General Permit according to the re- 
quirements of 15 NCAC 211 Section .0100 
specifically approved by the commission 
at the time of classification; and local land 
management programs to control non- 



NORTH CAROLINA REGISTER 



19 



PROPOSED RULES 



point source pollution are required; suit- 
able for all Class C uses; 

(4) (a) Class WS-II; waters protected as water 

supplies which are in low to moderately 
developed (urbanized) watersheds; dis- 
charges are restricted to primarily domes- 
tic wastewater (sewage) or industrial 
non-process waters specifically approved 
by the commission; local land manage- 
ment programs to control nonpoint 
source pollution are required; suitable for 
all Class C uses; 

(5) (*h^ Class WS-III; water supply segment 

with no categorical restrictions on 
watershed development or discharges; 
suitable for all Class C uses; 
(d) fB-> Tidal Salt Water Classifications. 
( 1 ) f+»+ Class SC; suitable saltwaters protected 
for secondary recreation and aquatic life 
including fish propagation and fish sur- 
vival; all saltwaters are classified to protect 



these uses at a minimum; 



t: 



(«^ Class SB; suitable fof swimming aft4 
saltwaters protected for primary recreation 
which includes swimming on a frequent 
and or organized basis and all Class SC 
uses; 
(3) fH Class SA; suitable for commercial 
shellfishing and all other tidal saltwater 
uses; 
(e) f&* Supplemental Classifications. 

( 1) (t) Trout waters (TR); suitable frcshwaters 

protected for natural trout propagation 
and maintenance survival of stocked trout; 

(2) (a) Swamp waters (SW); waters which have 

low velocities and other natural charac- 
teristics which are different from adjacent 
streams; 

(3) {mi Nutrient sensitive waters (NSW); wa- 

ters subject to excessive .growths of mi- 
croscopic or macroscopic vegetation 
requiring limitations on nutrient inputs; 

(4) fiv) Outstanding Resource Waters (ORW); 

unique and special waters of exceptional 
state or national recreational or ecological 
significance which require special pro- 
tection to maintain existing uses. 
I ligh Quality Waters (HOW); all streams 
which are rated as excellent based on bi- 
ological and physical chemical character- 
istics through division monitoring or 
special studies, all native and special na- 
tive trout waters (and their tributaries) 
designated by the Wildlife Resources 
Commission, all primary nurserv areas 
[PNA] designated bv the Marine Fisheries 
Commission and other functional nurserv 
areas recognized bv the Wildlife Resources 



(J) 



Commission or other appropriate agen- 
cies, all water supply watersheds which are 
either classified as WS-1 or WS-II or those 
for which a formal petition for reclassi- 
fication as WS-I or WS-11 has been re- 
ceived from the appropriate local 
government and accepted by the Division 
of Environmental Management and all 
Class SA waters. 
fb-f (fj In determining the best usage of waters 
and assigning classifications of such waters, the 
commission shall will consider the criteria speci- 
fied in General Statute 143-214. 1(d) and all ex- 
isting uses as defined by 15 NCAC 2B .0202(15). 
In determining whether to revise a designated 
best usage for waters through a revision to the 
classifications, the commission will follow the 
requirements of 40 CFR 131. 10(b)(c)(d) and [gj 
which are adopted by reference in accordance 
with General Statute 150B- 14(c). 
fe} (g| When revising the classification of waters, 
the division shall will collect water quality data 
within the watershed for those substances which 
require more stringent control than required by 
the existing classification. However, such sam- 
pling may be limited to only those parameters 
which are suspected to be present in significant 
quantities. If the revision to classifications in- 
volves the removal of a designated use, the divi- 
sion will conduct a use attainability study as 
required bv the provisions of 40 C F R 131. 10(j) 
which are adopted bv reference in accordance 
with General Statute 150B- 14(c). 



Statutory Authority 

143-215.3(a)(l). 



G.S. 



143-214.1; 



.0103 ANALYTICAL PROCEDURES 

(a) Chemical Physical Procedures. Tests or 
analytical procedures to determine conformity or 
non-conformity with standards will, insofar as 
practicable and applicable, conform to the 
guidelines by the Environmental Protection 
Agency codified as 40 CFR, Part 136, which are 
adopted by reference as amended through June 
h 1981. in accordance with General Statute 
150B- 14(c) othor analytical procedures shall 
conform to those found » to* fourteenth e dition 
e4 "Standard Methods fof toe Examination ȣ 
Wat e r a«4 Wastewater," 1975 (publish e d jointly 
by toe American Public Health Association, to* 
American Water Works Association, Mto to* 
Water Pollution Control Federation), 0? "Meth 
e4$ fof Chemical tVnalysis ef Water a«4 
Wastes," (prepared by to* U.S. Environmental 
Prot e ction Agency an4 availabl e from toe &«- 
perintendent ef Documents, U.S. Governm e nt 
Printing Office) which a*e adopted by- reference 



20 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



or such other methods as may be approved by 
the director. Environmental Management 

Commission. 

(b) Biological Procedures. Biological tests to 
determine conformity or non-conformity with 
standards will be based on methods published by 
the U.S. Environmental Protection Agency as 
outlined in "Methods for Measuring the Acute 
Toxicity of Effluents to Freshwater and Marine 
Organisms" (Report No. EPA 600/4-85/013) or 
subsequent versions, "Short-term Methods for 
Estimating the Chronic Toxicity of Effluents and 
Receiving Waters to Freshwater Organisms" 
(Report No. E PA 600 4-85 014) or subsequent 
versions, and "Short-term Methods for Estimat- 
ing the Chronic Toxicity of Effluents and Re- 
ceiving Waters to Marine and Estuarine 
Organisms" (Report No. E PA 600/4-87/028) or 
subsequent versions, or such other methods as 
approved by the director. 

Statutory Authority 

143-2153(a)(I). 



G.S. 



143-214.1; 



.0104 CONSIDERATIONS IN ASSIGNING 
WATER SUPPLY CLASSIFICATIONS 

(a) In detennining the suitability of waters for 
use as a source of water supply for drinking, cu- 
linary or food processing purposes after approved 
treatment, the commission will be guided by the 
physical, chemical, and bacteriological maximum 
contaminant levels specified by Environmental 
Protection Agency regulations adopted pursuant 
to the Public Health Service Act, 42 U.S.C. 201 
et seq., as amended by the Safe Drinking Water 
Act, 42 U.S.C. 300(f) et seq. In addition, the 
commission will be guided by the requirements 
for unfiltered and filtered water supplies and the 
maximum contaminant levels specified in the 
North Carolina Rules Governing Public Water 
Supplies, 10 NCAC 10D .1200, .1300 and .1600 
and comments provided by the Division of 
Health Services. 

(b) In considering the reclassification of waters 
as Class WS-I, classification, the commission will 
evaluate local land use management programs to 
protect the quality of these waters from nonpoint 
sources of pollution. Local land use manage- 
ment programs and modifications to these pro- 
grams must be approved by the commission and 
will be kept on file by the Division of Environ- 
mental Management and Division of Health 
Services. Waters formerly classified as A- 1 will 
be considered to be protected as required for un- 
filtered water supplies by the Commission of 
Health Services (10 NCAC 10D .1200) until al- 
ternative plans are submitted for approval. 



(c) In considering the reclassification of waters 
as Class WS-II, classification, the commission 
will evaluate local land use management pro- 
grams to protect the quality of these waters from 
existing and future nonpoint sources of pollution. 
Local management programs and modifications 
to these programs must be approved by the 
commission and will be kept on file by the Divi- 
sion of Environmental Management and Divi- 
sion of Health Services. 

(d) In considering the reclassification of waters 
as Class WS-III, classification, the commission 
will take into consideration the relative proxim- 
ity, quantity, composition, natural dilution and 
diminution of potential sources of pollution to 
determine that risks posed by all significant 
pollutants are adequately considered. 



Statutory A uthority 
I43-215.3(a)(l). 



G.S. 



143-214.1; 



.0106 CONSIDERATIONS IN ASSIGNING 
CLASSIFICATIONS FOR PRIMARY 
RECREATION 

In assigning the B or SB classification to waters 
intended for primary recreation, the commission 
will take into consideration the relative proximity 
of sources of water pollution and will recognize 
the potential hazards involved in locating swim- 
ming areas close to sources of water pollution 
and will not assign this classification to waters in 
which such water pollution could result in a 
hazard to public health. Discharges to waters 
classified as B or SB shall will meet the reliability 
requirements specified in 15 NCAC 2H .0124. 
Discharges to waters where a primary recre- 
ational use is determined by the director to be 
attainable will he required to meet water quality 
standards and reliability requirements to protect 
this use concurrently with reclassification efforts. 

Statutory Authority G.S. 143-214.1; 

143-215.3(a)(l). 

.0108 CONSIDERATIONS IN ASSIGNING 
THE SHELLFISHING AREA 
CLASSIFICATION 

In determining the safety e£ or suitability of 
Class SA waters to be used for shellfishing for 
market purposes, the commission will be guided 
»o4- ©ftly by the physical, ch e mical, aft4 
bacteriological maximum contaminant levels m 
the water b«t wiU ake- consider the proximity ef 
wast e discharges that- could adversely affect the 
shellfish. Waters wiU net be classified SA with 
e«t the written concurrenc e »f the Division ef 
Health Services, North Carolina Department &f 
Human Resources, by the existing water quality 
of the area in relation to the standards to protect 



NORTH CAROLINA REGISTER 



21 



PROPOSED RULES 



shcllfishing uses, the potential contamination of 
the area from both point and nonpomt sources 
of pollution, and the presence of harvcstable 
quantities of shellfish or the potential for the area 
to have hanestable quantities through manage- 
ment efforts of the Division of Marine Fisheries. 



Statutory Authority G.S. 143-214.1. 

.0109 WATERS AFFECTED BY DREDGE AND 
FILL ACTIVITIES 

Projects that alter the reach and extent of a 
freshwater wetland will not be considered as re- 
moving existing uses of the wetland in violation 
of the Antidegradation Policv [pursuant to 15 
NCAC 2B .0201(b)] if the alteration protects all 
existing and designated uses of all other waters 
of the state and if the director determines that the 
project complies with the requirements of 40 
CFR Part 230, Subparts A through F, which are 
adopted bv reference in accordance with General 
Statute 150B- 14(b). 

Statutory Authority G.S. 143-214.1. 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 

.0201 ANTIDEGRADATION POLICY 

(a) It is the policy of the Environmental Man- 
agement Commission to maintain, protect, and 
enhance water quality within the State of North 
Carolina. Pursuant to this policy, the F m i iron 
mental Management Commission will ft&t- ap- 
prove *»y project &? development which would 
result » toe significant degradation ef waters 
whose existing quality is better than toe assigned 
water quality standards, unless such degradation 
is found by- toe commission to be justifiable to 
provide necessary economic w*4 social develop 
ment. to such cases, those pollution control 
measures necessary to maintain high water qual 
tto w*W be required whore physically fH*4 eee- 
nomically feasible. Prior to approval ef a»y 
project e* development which w-41 result to toe 
significant degradation ef water quality, toe 
commission w-+14 solicit, through public notice e* 
public hearing »f both, comments from toe 
public wto intergov e rnm e ntal agencies relative to 
tbe project w development a«4 anticipated water 
quality degradation, to cases wher e toe proj e ct 
(*f development requires a NPDFS permit, the 
Environmental Management Commission shall 
publish m- conjunction with toe public notices 
required by 44 NCAC 414 .0100(a) (regarding 
application tof a NPDFS permit) aft4 44 NCAC 
414 .0100(b) (regarding a public hearing »» a 
NPDFS permit application) a statement tbat- 



such project e* development is anticipated to re- 
sult tft significant degradation. Furthermore, toe 
commission shall consider tbe present a»4 antic 
ipat e d usag e ef sa>4 high quality waters, including 
am- «ses net- specified by tbe assigned classifica 
to3ft (such as outstanding national resourco wa- 
ters »f waters ef exceptional water quality) an4 
w41 H&i allow degradation ef the b+gb quality 
wat e rs below toe water quality necessary to 
maintain e xisting a»4 anticipated us e s. i» hr- 
plementing this policy, tbe commission w*H keep 
toe United Stat e s Environmental Protection 
Agency informed a»4 w-44 provide it- w4tb such 
information as b v444 need i» discharging bs re- 
sponsibility und e r the Clean Water Ae^- 44 
l.'.S.G. 464 et- se%r the requirements of 40 CFR 
131.12 are adopted by reference in accordance 
with General Statute 130B- 14(b). These re- 
quirements will be implemented in North 
Carolina as follows: 

(b) Existing uses, as defined bv Rule 2B 
.()202( 16), and the water quality to protect such 
uses shall be protected bv properly classifying 
surface waters and having standards sufficient to 
protect these uses. In cases where the director 
determines that an existing use is not included in 
the classification of waters, a project which will 
affect these waters will not be permitted unless 
the existing uses will be protected. 

(c) Significant degradation of waters with 
quality higher than the standards will not be al- 
lowed unless the commission determines that 
such degradation is necessary to accommodate 
important social and economic development. 
Waters with quality higher than the standards are 
defined by Rule 2B .0202(39). The following 
procedures will be implemented in order to meet 
these requirements: 

( 1 ) Each applicant for an NPDFS permit or 
NPDFS permit renewal to discharge 
treated waste will document an effort to 
reduce waste generation through source 
reduction and or recycling techniques. 

(2) Public Notices for NPDFS permits will 
list parameters that would be water qual- 
ity limited and state whether or not the 
discharge will use the entire available load 
capacity of the receiving waters and may- 
cause more stringent water quality' based 
effluent limitations to be established for 
dischargers downstream. 

(3) The division may require supplemental 
documentation trom the affected local 
government that a proposed project or 
parts of the project are necessary for im- 
portant economic and social development. 

(4) The commission and division will work 
with local governments on a voluntary - 



22 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



basis to identify and develop appropriate 
management strategics and/or classifica- 
tions for waters with unused pollutant 
loading capacity to accommodate future 
economic growth. 
Waters with quality higher than the standards 
will he identified h\ the division on a case-by- 
case basis through the NPDI S permitting and 
waste load allocation processes (pursuant to the 
provisions of 15 NCAC 211 .0100). Dischargers 
affected by the requirements of parts (c)( 1) 
through (c)(4) of this Rule and the public at large 
will be notified according to the provisions de- 
scribed herein, and all other appropriate pro- 
visions pursuant to 15 NCAC 2H .0109. If an 
applicant objects to the requirements to protect 
waters with quality higher than the standards and 
believes degradation is necessary to accommo- 
date important social and economic develop- 
ment, the applicant can contest these 
requirements according to the provisions of 
General Statute 143-215. 1(e) and 150B-23. 

(d) Significant degradation of 1 ligh Quality 
Waters (1 IQW) will not be allowed unless the 
commission determines that such degradation is 
necessary to accommodate important social and 
economic development. High Quality Waters 
are a subset of waters with quality higher than 
the standards and are as described by 15 NCAC 
2B .0101(e)(5). The following procedures will 
be implemented in order to meet the require- 
ments of this part: 

( 1 ) New or expanded wastewater discharges 
in High Quality Waters will comply with 
the following: 
(A) Discharges from new single family res- 
idences will be discouraged. Those that 
must discharge will install a septic tank, 
dual or recirculating sand filters, disin- 
fection and step aeration. 



(B) All new NPDES wastewater discharges 
(except single lamilv residences) will be 
required to provide the treatment de- 
scribed below: 

(l) Oxygen Consuming Wastes: Hffluent 
limitations will be as follows: BOD t 
= 5 mg/1, Ml, -N = 2 rng/1 and DO 
-_ 6 mg/1. More stringent limitations 
will be set, if necessary, to ensure that 
the cumulative pollutant discharge of 
oxygen-consuming wastes will not 
cause the DO of the receiving water to 
drop more than 0.5 mg 1 below back- 



mined by staff to be generally applicable 
to that h vdroenv ironment . 

(ii) Total Suspended Solids: Discharges 
of total suspended solids (TSS) will be 
limited to effluent concentrations of 10 
mg/1 for trout waters and PNA's, and 
to 20 mg, 1 for all other High Quality 
Waters. 

(iii) Disinfection: Alternative methods 
to chlonnation will be required for dis- 
charges to trout streams, except that 
single family residences may use 
chlonnation if other options are not 
economically feasible. Domestic dis- 
charges are prohibited to SA waters. 

(iv) I/mergency Requirements: Failsafe 
treatment designs will be employed, in- 
cluding stand-by power capability for 
entire treatment works, dual train de- 
sign for all treatment components, or 
equivalent failsafe treatment designs. 

(v) Volume: The total volume of treated 
wastewater for all discharges combined 
will not exceed 50 percent of the total 
instream flow under 7Q10 conditions. 

(vi) Nutrients: Where nutrient over- 
enrichment is projected to be a concern, 
appropriate effluent limitations will be 
set for phosphorus or nitrogen, or both. 

(vii) Toxic substances: In general, only 
the discharge of domestic or non- 
process wastewater will be permitted 
into High Quality Waters. In cases 
where complex discharges (those con- 
taining or potentially containing 
toxicants') may be currently present in 
the discharge, a safety factor will be ap- 
plied to any chemical or whole effluent 
toxicity allocation. The limit for a 
specific chemical constituent will be al- 
located at one-half of the normal 
standard at design conditions. Whole 
effluent toxicity will be allocated to 
protect for chronic toxicity at an 
effluent concentration equal to twice 
that which is acceptable under design 
conditions. In al| instances there may 
be no acute toxicity in an effluent con- 



centration of 90 percent as measured by 
the North Carolina "Pass /Fail Meth- 



groimd levels. and in no ., asc below the 
standard. Where background informa- 



tion is not readily available, evaluations 
will assume a percent saturation deter- 



odology for Determining Acute 
Toxicity in a Single I'ffluent Concen- 
tration" Ammonia toxicity will be 
evaluated according to FPA guidelines 
promulgated in the Ammonia Criteria 
Development Document ( 19S6); E PA 
document number 440/5-85-001; NTIS 



NORTH CAROLINA REGISTER 



23 



PROPOSED RULES 



number PB85-2271 14; July 29, 1985 (50 

PR 30784). 
(C) All expanded NPDES wastewater dis- 
charges in High Quality Waters will be 
required to provide the treatment de- 
scribed in part (1 )(B) of this Rule, except 
for those existing discharges which expand 
with no increase in permitted pollutant 
loading. 



ill 



Development activities in High Quahty 
Water watersheds which require a 
Sedimentation Erosion Control Plan in 
accordance with rules ( 15 NCAC 04) es- 
tablished bv the NC Sedimentation Con- 
trol Commission will be required to 
control runoff from the one inch design 
storm as follows: 



(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other tvpe developments 
to J_2 percent impervious cover will be 
deemed to comply with this requirement. 
More stringent requirements may be re- 
quired on a case-hv-case basis in very 
sensitive areas. 

(B) High Density Option: Higher density 
developments will be allowed if 
stormwater control systems are installed, 
operated and maintained which control 
the runoff from all impervious surfaces 
generated from one inch of rainfall. The 
size of the control system must take into 
account the runoff from any pervious 
surfaces draining to the system. More 
stringent requirements may be required 
on a case-bv-case basis in very sensitive 



(C) All waters classified WS-I or WS-II and 
all waters located in the 20 coastal coun- 
ties as defined in Rule 15 NCAC 2H 
. 1002(9) are excluded from this require- 
ment since thev already have requirements 
tor nonpoint source controls. 
If an applicant objects to the requirements to 
protect high quality waters and believes degrada- 
tion is necessary to accommodate important so- 
cial and ci oniMiiic dc. clopmcnt. the applicant 
can contest these requirements according to the 
provisions o\_ ( ieneral Statute 143-215. 1(e) and 
150B-23. 

(e) Outstanding Resource Waters (ORW) are 
a special subset of 1 ligh Quality Waters with 
unique and special characteristics as described in 
Rule .0216 of this Section. The water quality of 
waters classified as ( ) R W shall be maintained and 
protected mii h that no pennanent degradation is 
allowed 



Statutory Authority G.S. 143-214. 1; 143-215.1; 

!43-2l5.3(a)(l). 

.0202 DEFINITIONS 

The definition of any word or phrase used in 
these regulations rules shall be the same as given 
in Article 21, Chapter 143 of the General Statutes 
of North Carolina, as amended. The following 
words and phrases, which are not defined in this 
article, shall will be interpreted as follows: con 
fit rued to hav e Ae following moaningo: 
( 1) Acute toxicity to aquatic life means 
lethality or other harmful effects sustained 
bv either resident aquatic populations or in- 
dicator species used as test organisms in a 
controlled toxicity test due to a short-term 
exposure (relative to the life cycle of the 
organism) to a specific chemical or mixture 
of chemicals (as in an effluent). Short-term 
exposure for acute tests is generally 96 hours 
or less. Acute toxicity will be determined 
using the most appropriate of the following 
procedures: 
(a) for specific chemical constituents or com- 
pounds, acceptable levels will be equiv- 
alent to a concentration of one-half or less 
of the Final Acute Value (FAV) as deter- 



mined according to "Guidelines for De- 
riving Numerical Water Quality Criteria 
for the Protection of Aquatic Fife and its 
I'ses" published by the Environmental 
Protection Agency and referenced in the 
Federal Register (50 FR 30784, July 29, 
1985). 
(b) for specific chemical constituents or com- 
pounds, acceptable levels will be equiv- 
alent to a concentration of one-third or 
less of the lowest available L.C50 value. 



(c) for effluents, acceptable levels are defined 
as no statistically measurable lethality (99 
percent confidence level using Students t 
test) during a specified exposure period. 
Concentrations of exposure will be deter- 
mined on a case-by-case basis. 

(d) in instances where detailed dose response 
data indicate that acceptable levels are 
significantly different from those defined 
in this rule, the director may determine 
on a case-bv-case basis an alternate ac- 
ceptable level through statistical analyses 
of the dose response curve. 

(2) Acute to chronic ratio (ACR) means the 
ratio of acute toxicity expressed as an LC50 
for a specific toxicant or an effluent to the 
chronic value for the same toxicant or 
effluent. 



24 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) (44 Agricultural 4*41 uses include the use 
of waters for stock watering, irrigation, and 
other farm purposes. 

(4) (^) Approved treatment, as applied to water 
supplies, means treatment accepted as satis- 
factory by the authorities responsible for 
exercising supervision over the sanitary 
quality of water supplies. 

(5) {¥} Average (except bacterial) means arith- 
metical average and includes the analytical 
results of all samples taken during the speci- 
fied period; all sampling shall be done as to 
obtain the most representative sample under 
prevailing conditions: 

(a) Daily Average for dissolved oxygen, shall 
be of at least four samples; 

(b) Weekly Average means the average of all 
daily composite samples obtained during 
the calendar week; if only one grab sample 
is taken each day, the weekly average is 
the average of all daily grab samples; at 
least e«e representative campl e shall be 
takea each 4ay m which there is a 4k- 
chargo; a minimum of three daily grab 
samples is needed to calculate a weekly 
average; 

(c) Monthly Average means the average of all 
daily composites (or grab samples if only 
one per day) obtained during the calendar 
month. 

The definitions in this Paragraph do not 
change? affect the monitoring requirements 
for NPDES permits but rather are to be 
used by the division along with other 
methodologies in determining violations 
of water quality standards. Arithmetical 
averages as defined by this Rule, and not 
confidence limits nor other statistical de- 
scriptions, will be used in all calculations 
of limitations which require the use of 
averages pursuant to this Rule and 40 
CFR 122.41(l)(4)(iii). 

(6) Best Management Practice (BMP) means 
a structural or nonstructural management- 
based practice used singularly or in combi- 
nation to reduce nonpoint source inputs to 
receiving waters in order to achieve water 
quality protection goals. 

(7) (4^ Best usage of waters as specified for each 
class means those uses as determined by the 
Environmental Management Commission in 
accordance with the provisions of Article 21, 
Chapter 143 -214.1, General Statutes of 
North Carolina. 

(8) (-54 Bioaccumulative means substances 
which are taken up, concentrated, and re- 
tained by an organism from its environment. 



(9) Chronic toxicity to aquatic life means any 
harmful effect sustained by either resident 
aquatic populations or indicator species used 
as test organisms in a controlled toxicity test 
due to long-term exposure (relative to the 
life cycle of the organism) or exposure dur- 
ing a substantial portion of the duration of 
a sensitive period of the life cycle to a spe- 
cific chemical substance or mixture of 
chemicals (as in an effluent). In absence of 
extended periods of exposure, early life stage 
toxicity tests may be used to define chronic 
impacts. 

(10) Chronic value for aquatic life means the 
geometric mean of two concentrations iden- 
tified in a controlled toxicity test as the No 
Observable Effect Concentration (NOEC) 
and the Lowest Observable Effect Concen- 
tration (LOEC). 

(11) Concentrations are the mass of a sub- 
stance per volume of water and for the pur- 
poses of this Section will be expressed as 
milligrams per liter (mg I), micrograms per 
liter (ug.l), or nanograms per liter (ng-1). 

(12) Designated Nonpoint Source Agency 
means those agencies specified in the North 
Carolina Nonpoint Source Management 
Program, as approved by the Environmental 
Protection Agency. 

(13) fkf Discharge is the addition of any man- 
induced waste effluent either directly or in- 
directly to state surface waters. 

( 14) f^f Division means the Division of Envi- 
ronmental Management or its successors. 

(15) (£4 Effluent channel means a discemable 
confined and discrete conveyance which is 
used for transporting treated wastewater to 
a receiving stream or other body of water as 
provided that such channels shall: in Rule 
.0215 of this Section. 

(#) be contained entirely ©» property owned 

(to be demonstrated by the discharg e r); 
(b4 h«4- oontain natural waters except when 
such wat e rs occur » direct r e spons e to 
rainfall ovonts by overland runoff; 

the migration ef- fob. iftto sa*4 channel; 
(44 be id e ntifi e d an4 designat e d e» a case by 
ease basis prior to permit issuance. 
(4ty Estuarine waters means those toial sak- wa- 
tof« assigned S classifications. 



)j_ Fxisting uses mean uses actually attained 
in the water body, in a significant and not 
incidental manner, on or after November 2S, 
1975, whether or not they are included in the 
water quality standards, which either have 
been actually available to the public or are 



NORTH CAROLINA REGISTER 



25 



PROPOSED RULES 



uses deemed attainable by the Fnviron- 



mental Management Commission. At a 
minimum, uses shall be deemed attainable 
if thev can be achieved by the imposition of 
effluent limits and cost-effective and reason- 
able best management practices (BMPs) for 
nonpoint source control. 

(17) f4-44 fishing means the taking of fish by 
sport or commercial methods as well as the 
consumption of fish or shellfish or the 
propagation of fish and such other aquatic 
life as is necessary to provide a suitable en- 
vironment for fish. 

( 18} (44) Freshwater means all waters that un- 
der natural conditions would have a chloride 
ion content of 500 mgl or less. 

(19) f^% % hour LC 50 shall means that con- 
centration of a toxic substance which is le- 
thal (or immobilizing, if appropriate) to 50 
percent of the organisms tested under the 
te^ condition!) m- a during a specified expo- 
sure period. t4 % hours. The ' > 6 hour 
LC50 concentration for toxic materials shall 
be determined for appropriate sensitive spe- 
cies under aquatic conditions characteristic 
of the receiving waters, efr if deemed ftee- 
essary by the director by bioassays con 
ducted K- m » cooperation with the 
dis ision. 

(20) (444 Lower piedmont and coastal plain 
waters shall mean those waters of the 
Catawba River Basin below Lookout Shoals 
Dam; the Yadkin River Basin below the 
junction of the Forsyth, Yadkin, and Davie 
County lines and all of the waters of Cape 
Fear; Lumber; Roanoke; Neuse; Tar- 
Pamlico; Chowan; Pasquotank; and White 
Oak River Basins, except tidal salt waters 
which are assigned S classifications. 

(21) (444 ML" is an abbreviation for the mem- 
brane filter procedure for bacteriological 
analysis. 

(22) (444 Mixing zone 4*41 means a region of 
the receiving water in the vicinity of a dis- 
charge within which dispersion and dilution 
of constituents in the discharge occurs and 
f+r*»-r where adequate mixing t4 the discharg e 
a+t4 r e c e iving water tak e? ) place), wh4 within 
which wat e r quality standard - .) shall not ap- 
f4yr except that- such zones shall be subject 
to conditions established in accordance with 
15 NCAC 2B .0204(b). 

(23) (444 Mountain and upper piedmont waters 
shall mean all of the waters of the Iliwassee; 
Little Tennessee, including the Savannah 
River drainage area; French Broad; Broad; 
New; and Watauga River Basins and those 
portions of the Catawba River Basin above 



Lookout Shoals Dam and the Yadkin River 
Basin above the junction of the Forsyth, 
Yadkin, and Davie County lines. 

(24) (44) Nonpoint source pollution means 
pollution which enters waters mainly as a 
result of precipitation and subsequent runoff 
from lands which have been disturbed by 
man's activities and includes all sources of 
water pollution wliich are not designated as 
point sources by the stat e , required to have 
a permit in accordance with General Statute 
143-215. 1(c). 

(25) (444 Nutrient sensitive waters shall mean 
those waters which are so designated in the 
classification schedule in order to limit the 
discharge of nutrients (usually nitrogen and 
phosphorus). The are designated by 
"NSW" following the water classification. 

(26) (4-&4 Offensive condition means any condi- 
tion or conditions resulting from the pres- 
ence of sewage, industrial wastes or other 
wastes within the waters of the state or along 
the shorelines thereof which shall either di- 
rectly or indirectly cause foul or noxious 
odors, unsightly conditions, or breeding of 
abnormally large quantities of mosquitoes 
or other insect pests, or shall damage private 
or public water supplies or other structures, 
result in the development of gases which 
destroy or damage surrounding property, 
herbage or grasses, or which shall may affect 
the health of any person residing or working 
in the area. 

(4-£) Parts pee million a«4 parts pef billion a* 
used herein shall be construed to mean 
milligrams pef hter (mg 1), a«4 micrograms 
pef ktef (ug 1), respectively, as defined *» the 
fourteenth edition el "Standard Methods fof 
the Examination ef Water a«4 
Wastewater," published by the American 
Public Health Association, American Water 
Works Association, aft4 Water Pollution 
Control Federation which is adopted by 
reference. 

(27) Primary Nursery Areas (PNAs) are tidal 
saltwaters which provide essential habitat for 
the earlv development of commercially im- 
portant fish and shellfish and are so desig- 
nated bv the Marine Fisheries Commission. 

(28) (30) Primary 7 recreation shall includes 
svvimming, skin diving, skiing, and similar 
uses involving human body contact with 
water where such activities take place in an 
organized or on a frequent basis. 

(29) (4h> Secondary recreation shall includes 
wading, boating, other uses not invoking 
human body contact with water, and activ- 
ities involving human body contact with 



26 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



water where such activities take place on an 
infrequent, unorganized, or incidental basis. 
(30) Sensitive species for aquatic toxicity testing 
is any species utilized in procedures accepted 
by the director in accordance with Rules 
■ 0211(B)(3)(I.) or .0212(B)(3)(L) of this 
Section or the following genera: 
(a) Daphnia; 

Ceriodaphnia: 
Salmo; 



Pimcphales; 
Mvsidopsis; 
Champia; 
Cvprinodon; 
Arbacia; 
Pcnaeus: 
Menidia; 



Notropis; 
Salvelinus; 



Oil 

{£1 

01 
(si 

01 
01 

Oil 
01 

Other genera may he accepted by the director 
on a case-bv-case basis. 

(31 ) (33) Shellfish culture shall includes the use 
of waters for the propagation, storage and 
gathering of oysters, clams, and other 
shellfish for market purposes. 

(32) (33+ Source of water supply for drinking, 
culinary or food-processing purposes ohall 
means any source, either public or private, 
the waters from which are used for human 
consumption, or used in connection with 
the processing of milk, beverages, food, or 
other purpose which requires water meeting 
the maximum contaminant levels (mcls) 
(MCI s) in the North Carolina Rules Gov- 
erning Public Water Supplies, 10 N'CAC 
10D .1600 as well as mcls promulgated by 
the Environmental Protection Agency pur- 
suant to the Public Health Service Act, 42 
U.S.C. 201 et seq., as amended by the Safe 
Drinking Act, 42 U.S.C. 300(f) [g)-T et seq. 

(33) (34) Swamp waters shall mean those waters 
which are se designated classified by the 
Environmental Management Commission 
and which are topographically located so as 
to generally have very low velocities and 
certain other characteristics which are differ- 
ent from adjacent streams draining steeper 
topography. They are designated by "Sw" 
following the water classification. 

(34) (35) Tidal salt waters shall mean all tidal 
waters which are se- d e signated classified by 
the Environmental Management Commis- 
sion afi4 which generally have a natural 
chloride ion content in excess of 500 parts 
per million and include all waters assigned 
S classifications. 

(35) (-34+ Toxic substance or toxicant means any 
substance or combination of substances (in- 



cluding disease-causing agents), which after 
discharge and upon exposure, ingestion, 
inhalation, or assimilation into any 
organism, either directly from the environ- 
ment or indirectly by ingestion through food 
chains, will has the potential to cause death, 
disease, behavioral abnormalities, cancer, 
genetic mutations, physiological malfunc- 
tions (including malfunctions or suppression 
in reproduction) or physical deformities in 
such organisms or their offspring or other 
adverse health effects. 

(36) (3?) Trout waters are those waters which 
have boon s» designated by the Environ 
m e ntal Management Commission, with the 
advice ef- the Wildlife Resources Co minis 
sion. Their natural conditions which will 
sustain and allow for trout propagation and 
maintenance survival of stocked trout on a 
year-round basis. These waters are classified 
by the Commission after considering the re- 
quirements of Rule .0101(b) and (c) of this 
Subchapter and include all waters Th e y we 
designated by "Tr" following in the water 
classification. 

(37) (384 Waste disposal shall includes the use 
of waters for disposal of sewage, industrial 
waste or other waste after approved treat- 
ment. 

(3S) Water quality based effluent limits and 
best management practices are limitations 
or best management practices developed by 
the division for the purpose of protecting 
water quality standards and best usage of 
surface waters consistent with the require- 
ments of General Statute 143-214.1 and the 
Ecderal Water Pollution Control Act 



amended. 
(39) Waters with 
standards means 



quality higher than 
all waters for which 



as 

the 
the 



determination of waste load allocations in- 
dicates that water quality is sufficiently 
greater than that defined by the_ standards 
(pursuant to 15 NCAC 2B .0206) such that 
significant pollutant loading capacity still 
exists in those waters. 



Statutory A uthoritv 
l43-215.3(a)(l). 



G.S. 



143-214.1; 



.0203 PROTECTION OF WATERS 

DOWNSTREAM OF RECEIVING 
WATERS 

Tft cases where treated s e wag e , industrial wastes 
e* other waste's including those from nonpoint 
sources a+e directly e* indirectly allowed te- enter 
tftte- wat e rs which afe assigned » diff e rent clussi 
fication than the wat e rs iftte- which such i 



NORTH CAROLINA REGISTER 



27 



PROPOSED RULES 



waters flow, t4*e standards applicable * k» tbe w-a- 
tef* which receive such wastes shall be supple 
mented by the following: "The * quality ef afty 
waters receiving sewage; industrial wast e ef othor 
wast e shall be such tbat H+t- impairment ef tbe 

la i > ■ * tieanfl qJ i i ■ ■ ■ * ■ \*-.- » n ■ i .i i ; U hiU' i ' 1 1 1 i ■ Will iu '.' i tf 

by- reason e4 such waste." 

Water quality based etfluent limitations or 
rnanagement practices tor direct or indirect dis- 
charges of waste or for other sources of water 
pollution will be developed bv the division such 
that the water quality standards and best usage 
of receiving waters and all downstream waters 
will not be impaired. 

Statutory- Authority G.S. 143-214.1; 

l43-215.3(a)(l). 

.0204 LOCATION OF SAMPLING SI7£S AND 
MIXING ZONES 

(a) Location of Sampling Sites. In making 
conducting tests or making analytical determi- 
nations of classified waters to determine con- 
formity or nonconformity with the established 
standards, samples shall be collected outside the 
limits of prescribed mixing zones. However, 
where appropriate, samples shall be collected 
within the mixing zone in order to ensure com- 
pliance with in-zone water quality requirements 
as outlined in (b) of this Rule. 

(b) Mixing Zones. A mixing zone may be es- 
tablished in the area of a discharge in order to 
provide reasonable opportunity for the mixture 
of the wastewater with the receiving waters. 
Water quality standards will not apply within re- 
gions defined as mixing /ones, except that such 
/ones will be subject to the conditions estab- 
lished m accordance with this Rule. The limits 
of such mixing zones will be defined by the divi- 
sion on a case-by-case basis after consideration 
of the magnitude and character of the waste dis- 
charge and the size and character of the receiving 
waters. Such Mixing zones shall will be deter- 
mined such that discharges will not: 

( 1 ) prevent free passage e4 f+sfr around ef causo 

f+sfr mortality within tbe mixing iiono, re- 
sult in acute toxicity to aquatic life [as 
defined bv Rule .0202(1) of this Section | 
or prevent free passage of aquatic 
organisms around the mixing zone; 

(2) result in offensive conditions, 

(3) produce undesirable aquatic life or result 
in a dominance of nuisance species out- 
side of the assigned mixing zone, 

(4) endanger the public health or welfare. 

(c) Zones of Initial Dilution. The director mav 
establish on a case-bv-case basis a zone of initial 
dilution (ZIP) within a mixing zone at_ specific 



points of effluent discharge that is significantly 
smaller than the associated mixing zone. 1'he 
conditions established for mixing zones in Para- 
graph (b)(1) of this Rule will not apply within 
regions defined as zones of initial dilution. The 
limits of such zones of initial dilution will be de- 
fined by the division on a case-bv-case basis after 
consideration of the magnitude and character of 
the waste discharge and the size and character of 
the receiving waters. The commission will ap- 
prove all NPDlvS permits containing provisions 
for a ZIP. Public notice that an NPPFS permit 
contains provisions for a ZIP will be mandatory 
for all such permits. In addition, a mixing zone 
shall will not be assigned for point source dis- 
charges of fecal coliform organisms in waters 
classified "WS-II," "WS-III," "B," "SB," or 
"SA." Por the discharge of heated wastewater, 
compliance with federal rules and regulations 
pursuant to Section 316(a) of the Federal Water 
Pollution Control Act, as amended, shall consti- 
tute compliance with tb» Subsection Subpara- 
graph (b) of this Rule. 



Statutory Authority G.S. 143-214. 



1. 



.0205 NATURAL CHARACTERISTICS 
OUTSIDE STANDARDS LIMITS 

Natural waters may on occasion, or temporar- 
ily, have characteristics outside of the limits 
normal range established by the standards. The 
adopted water quality standards relate to the 
condition of waters as affected by the discharge 
of sewage, industrial wastes or other wastes in- 
cluding those from nonpoint sources and other 
sources of water pollution, 44*e specified Water 
quality standards will not be considered violated 
when values outside the established limits normal 
range are caused by natural conditions. Where 
wastes are discharged to such waters, the 
discharger shall will not be considered a contrib- 
utor to substandard conditions provided maxi- 
mum treatment in compliance with permit 
requirements is maintained and, therefore, meet- 
ing the established limits is beyond the 
discharger's control. 



Statutory Authority 

l43-215.3(a)(l). 



G.S. 



143-214.1; 



.0206 FLOW DESIGN CRITERIA FOR 
EFFLUENT LIMITATIONS 

rrrr I l n?i ?? rtr^ r*^ * ^1 ii i nu tt nrvi zi.i i L'i i ict in it*i i i t~ 

protection ef water quality standards a* follows: 

(44 44*e governing f4*w- criterion fof wat e r 

quality standards exc e pt toxic substances, 

generally shall be tbe minimum average 

flow fof a- period ©f seven consecutiv e 



28 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



days that has ar+ averag e recurr e nce ef 
once m 44} years (7Q10), 
(4) Other governing flew strategies such as 
varying discharges with the receiving wa- 
ters ability te assimilat e wastes may- he 
designated fof water quality standards e*- 
eeet fof toxic substances 9ft a case by oaso 
basis if the discharger ef permit applicant 
provide evidence which establishes te the 
satisfaction ef the commission that the 
alternative - governing flow strategies wih 
give better protection fof the water quality 
standards. Better protection fof the water 
quality standards m e ans that values eat- 
sfoe the limits ef the standards would he 
expected less frequ e ntly than provided by- 
using the 7Q10 flow as list e d fo (a)(1) ef 
this Rul e . 
(4) 44+e flow criterion fof the determination 
ef waste lea4 allocations fof toxic sub 
stance water quality standards using 
steady state modelling techniques shall he 
the minimum averago flow fof a period 
ef ? cons e cutiv e days that has as- average 
recurrence ef onc e t» 44) years (7Q10); 
other established modelling techniques 
awe corresponding flow crit e ria fof the 
determination &( waste load allocations 
fof toxic substances fftay- he approved if h 
eae he shown te- the satisfaction ef the 
director that such action provides appro 
priate protection ef aquatic hfe af»4 
wildlife and or human h e alth tm4 welfare; 
(4) te cases where the stream flew is regulat e d, 
the governing flew fof afl water quality 
standards shall he the instantaneous min 
imum flow, ef tf deemed appropriate by- 
the commission, a» alternative flow e«- a 
case by case basis as given i» (a)(2) ef this 
ftefo, 
fh) Those governing criteria afe established 
specifically fof setting effluent limitations a«4 fof 
the design ef wastewater treatment facilities. 4e 
addition, the governing flow alse establishes a 
valu e b e low which deviations from wat e r quality 
standards eee he anticipat e d. 

(a) Water quality based effluent limitations are 
developed to allow appropriate frequency and 
duration of deviations from water quality stand- 
ards so that the designated uses of receiving wa- 
ters are protected. There are water quality 
standards for a number of categories of pollutants 
and to protect a range of water uses. For this 
reason, the appropriate frequency and duration 
of deviations from water quality standards is not 
the same for all categories of standards. A flow 



plificd means of estimating the acceptable fre- 
quency and duration (A deviations. More 
complex modelling techniques can also be used 
to set effluent limitations directly based on fre- 
quency and duration criteria published by the 
U.S. Environmental Protection Agency pursuant 
to Section 304(a) of the Federal Clean Water Act 
as amended. Use of more complex modelling 
techniques to set water quality based effluent 
limitations will be approved by the Director on 
a case-bv-case basis. Flow design criteria to cal- 
culate water quality based effluent limitations for 
categories of water quality standards are listed as 
follows: 



01 



All standards except toxic substances and 
aesthetics will be protected using the 
minimum average flow for a period of 
seven consecutive days that has an average 
recurrence of once in ten years (7Q10 
flow). Other governing flow strategies 
such as varying discharges with the re- 
ceiving waters ability to assimilate wastes 
may be designated by the director on a 
case-bv-case basis if the discharger or per- 



mit applicant provide evidence which es- 
tablishes to the satisfaction of the director 
that the alternative flow strategies will give 
equal or better protection for the water 
quality standards. Better protection for 
the standards means that deviations from 
the standard would be expected less fre- 
quently than provided by using the 7Q10 
flow. 

(2) Toxic substance standards to protect 
aquatic life from chronic toxicity will be 
protected using the 7Q10 flow. 

(3) Toxic substance standards to protect hu- 
man health will be: 

(A) The 7Q10 flow for standards to protect 
water supply uses from noncarcinogens; 

(B) The mean annual flow to protect hu- 
man health from carcinogens through the 
consumption of water and fish (and or 
shellfish) unless site specific fish contam- 
ination concerns necessitate the use of an 



alternative design flow: 



til 



Aesthetic quality will be protected using 
the minimum average flow for a period 
of 30 consecutive davs that has an average 
recurrence of once in two years (30Q2 
flow). 



(b) In cases where the stream flow is regulated, 
a minimum daily low flow may be used as a 
substitute for the 7Q 10 flow except in cases 
where there are acute toxicity concerns for 



design criterion is used in the development of aquatic life. In the cases where there are acute 
water quality based effluent limitations as a sim- toxicity concerns, an alternative low flow such 



NORTH CAROLINA REGISTER 



29 



PROPOSED RULES 



as the instantaneous minimum release may be 
used on a case-bv-casc basis. 

(c) I low d e sign criteria are used to develop 
water quality based effluent limitations and for 
the design of wastewater treatment facilities. 
Deviations from a specific water quality standard 
resulting from discharges which are affirmatively 
demonstrated to be in compliance with water 
quality based effluent limitations for that stand- 
ard will not be a violation pursuant to Genera] 
Statute 143-215.6 when the actual flow is signif- 
icantly Il-ns than the design flow. 

(d) In ease s where the TOP) flow of the re- 
ceiving stream is estimated to be zero, water 
quality based effluent limitations will be assigned 
as follows: 

I 1 ) Where the 30Q2 flow is estimated to be 
greater than zero, effluent limitations for 
new or expanded (additional) discharges 
of oxygen consuming waste will be set at 
BOIX ^_ 5 mg 1. ML £ ^_ 2 mgj and 
DO = 6 mg 1. unless it is determined that 
these limitations will not protect water 
quality standards Requirements for ex- 
isting discharges will he determined on a 
case-bv-case basis bv the director. More 
stringent limits will be applied in case 
:tere violations of water quality stand- 
ards are predicted to occur for a new or 
expanded discharge with the limits set 
pursuant to this Rule, or where existing 
limits are determined to be inadequate to 
protect water quality standards. 
If the 30 02 and ~Q 1 ' I flows are both esti- 
mated to be zero . no new or expanded 
(additional) discharge of oxygen consum- 
ing waste will be allowed. Requirements 
for existing discharges to streams where 
the 3QQ2 and "Ql't flows are both esti- 
mated to be zero will be determined on a 
case-bv-case basis. 
Other water quality standards will be pro- 



(2) 



(3) 

tected bv requiring the discharge to meet 
the standards unle: s the alternative limi- 
tations are determined bv the director to 
proU\t the i i.i- -Tied v. a!er u-e 
(e) Receiving water flow statistics will be esti- 
mated through consultation with the U.S. 
Geological Survey, Estimates for anv given lo- 
cation mav be based on actual flow data, model- 



ling analyses, or other methods determined to be 
appropriate bv the director. 



Statutory Authority 

143-2153 f a) f I). 



G.S. 



143-214.1; 



(a) Toxic Substances. The concentration of 
toxic substances, cither alone or in combination 
with other wastes, in tft# r e c e iving surtacc waters 
will not render waters injurious to aquatic life or 
wildlife, recreational activities, public health, or 
impair the waters for anv designated uses. Spe- 
cific standards for toxic substances to protect 
freshwater and tidal saltwater uses are listed in 



Rules .0211 and .0212 of this Section. 



SP£; 



tiyej Procedures for interpreting the narrative 

standard tor toxic substances and numerical 
standards applicable to aH waters are as follows: 



(1) Aquatic Life standards. The concentration 
of toxic substances will not result in 
chronic toxicity. Anv levels in excess of 
the chronic value will be considered to 
result in chronic toxicity. In the absence 
of direct measurements of chronic 
toxicity, the concentration of toxic sub- 
stances will (either alone e* » combina 
tion. ' ■ ' ■ hen affirmatively d e monstrated t*» 
bt» non biouccumulativj) when w+t speci 
0*4 elsewhere » tfeis Section, ahull not 
exceed the concentration specified by the 
fraction of the 96 hour lowest LC50 value 
which predicts a no effect chronic level (as 
determined by the use of established ac- 
ceptable acute chronic ratios). If an ac- 
ceptable acute chronic ratio is not 
available, then that toxic substance shall 
will not exceed one-one hundredth (0.01) 
of the 06 hour lowest LC50 or if it is 
affirmatively demonstrated that a toxic 
substance has a half- life of less than 96 
hours &f is- fi€4 biouccumulativo. the 
maximum concentration ahull will not 
exceed one-twentieth (0.05) of the 
96 hour lowest LC50. ff ri- 1* affirmatively 
demonstrated Aat- t4*e standard fef a par- 
ticular toxic substance as- specified » Rule 
. I QI 1 ef .0212 ef tfe» Section is inappro 
priate fef a rpocific stream segment, Ae- 
commission may revise Ae applicable 
standard e» a case by case basis m ae- 
cordance with th* provisions ef S e ction 
1 13 211-1 ef *e General Statutes ef 
North Carolina. 

(2) I luman health standards. The concen- 
tration of toxic substances will not exceed 
the level necessary to protect human 
health through exposure routes of fish (or 
shellfish) tissue consumption, water con- 
sumption, or other route identified as ap- 
propriate for the water hod v. 

(A) For non-carcinogens, these concen- 



trations will be determined using a Reier- 



.0208 STANDARDS FOR TOXIC SUBSTANCES 
AND TEMPERATURE 



ence Dose (RfD) as published bv the L.S. 
Environmental Protection Agency pursu- 



w 



.XORTH CAROLINA REGISTER 



PROPOSED RULES 



ant to Section 304(a) of the Federal Water 
Pollution Control Act as amended or a 
RfD issued by the I'.S. Fnvironmental 
Protection Agency as listed in the Inte- 
grated Risk Information System (IRIS) 
file or a RfD approved by the director af- 
ter consultation with the State Health di- 
rector. Water quality standards or criteria 
used to calculate water quality based 
effluent limitations to protect human 
health through the different exposure 
routes are determined as follows: 
(i) Fish tissue consumption: 

WQS = (RfD-DT) / [FCRxBCFJ 
where: 

WQS = water quality 

standard or criteria; 
RfD = reference dose; 
DT estimated non-fish 

dietary intake 
(when available); 
FCR _2 fish consumption 
rate (assumed to 
be 6.5 gm person - 
day), 
BCF bioconcentration 

factor. 
BCF values are based on U.S. Fnvi- 
ronmental Protection Agency publi- 
cations pursuant to Section 3114(a) of 
the Federal Water Pollution Control 
Act as amended, literature values, or 
site specific bioconcentration data 
approved by the director; FCR val- 
ues are average consumption rates for 
a 70 fvg adult for the lifetime of the 
population; Alternative FCR values 
may be used when it is considered 
necessary to protect localized popu- 
lations which may be consuming fish 
at a higher rate; 
(ii) Water consumption (including a cor- 
rection lor fish consumption): 

WQS = (RfD-DT) , ■■' |WCR + (FCRxBCF)l 
where: 

WQS = _ water quality 

standard or criteria; 
RfD = reference dose; 
DT _ estimated non-fish 
dietary intake 
(when available); 
FCR j fish consumption 
rate (assumed to 
be 6.5 gm person - 
day], 
BCF bioconcentration 

factor; 
WCR ^_ water consumption 



rate (assumed to 
be 2 liters per 
day for adults). 
To protect sensitive groups, exposure 
mav be based on a 10 K_g child 
drinking one liter of water per day. 
Standards may also be based on 
drinking water standards based on the 
requirements of the Federal Safe 
Drinking Water Act [42 U.S.C. 
300(f)(g)-l|. For non-carcinogens, 
specific numerical water quality 
standards have not been included in 
this Rule because water quality 
standards to protect aquatic life for 
all toxic substances for which stand- 
ards have been considered are more 
stringent than numerical standards to 
protect human health from non- 
carcinogens through consumption of 
fish; Standards to protect human 
health from non-carcinogens through 
water consumption are listed under 
the water supply classification stand- 
ards in Rule .021 1; The equations 
listed in this Subparagraph will be 
used to develop water quality based 
effluent limitations on a case-by-case 
basis for toxic substances which are 
not presently included in the water 
quality standards. Alternative FCR 
values may be used when it is con- 
sidered necessary to protect localized 
populations which may be consum- 
ing fish at a higher rate; 
(B) For carcinogens, the concentrations of 
toxic substances will not result in unac- 
ceptable health risks and will be based on 
a Carcinogenic Potency Factor (CPF). 
An unacceptable health risk for cancer 
will be considered to be more than one 
case of cancer per one million people ex- 
posed (10" risk level). The CPF' is a 
measure of the cancer-causing potency of 
a substance estimated by the upper 95 
percent confidence limit of the slope of a 
straight line calculated by the I lncarizcd 
Multistage Model or other appropriate 
model according to U.S. Fnvironmental 
Protection Agency Guidelines (FR 51: 
185; 33992-34003. and FR 45: 231 Part 
V; 79318-79379). Water quality standards 
or criteria for water quality based effluent 
limitations are calculated using the proce- 
dures given in Subparagraphs (A) and (B) 
of this Rule. Standards to protect human 
health from carcinogens through water 
consumption are listed under the water 



NORTH CAROLINA REGISTER 



31 



PROPOSED RULES 



supply classification standards in Rule 
021 1: Standards to protect human health 
from carcinogens through the consump- 
tion of fish (and shellfish) only are appli- 
cable to all waters as follows: 
(i) Bcrvlium: 1 17 nj» 1; 



Asbestos (fibrous) 
Boron tm4 oompoundo 



llii 
lilli 
(iv) 

Lli 
[vi] 

ng 



Ben/ene: 40 U2 



(Carbon tetrachloride: 6.94 ug 1; 
Dioxin: 0.1)1)1)014 ng 1; 
I lexachlorobutadicnc: 50 ug 1: 
l'ohchlonnated biphcnvls: 0.079 



(vii) Polvnuclear aromatic hydrocarbons: 



31 .1 ng 

(viii) letrachloroethane (1.1.2.2): 10.7 



ug 



fix) I nchloroethvlcnc: SO. 7 ug 1; 
(x) Vinvl chlonde: 5.25 ug 1; 
(xi) Aldrin: 0.079 ng 1: 
(xn) Ghlordane: 0.4S ng 1: 
(xm) DDT: 0.024 ng 1: 
(xiv) Dieldrin: 0.076 ng 1: 



(xv) 1 leptachlor: 0.2 C ) ng 1: 
( xvi ) Toxaphene: 0.73 ng 1. 
The values listed in (_u thai ugh (xvi) in 
Subparagraph ( B ) of this Rule may be 
adjusted hv the director on a case-bv-case 
haMs to account for site-specific or 
chemical-specific information pertaining 
to the assumed BGE. 1 C'R or CPF values 
or other appropriate data. 
(4>f Ghemical Substances R e quiring Special 
Attention. 44-h* following i* a partial a*4 ef 
chemicals that- afe cither t-H* fte Environmental 
Prot e ction Agency s priority pollutant k-4 ef are 
known to be present » industrial Bt- dome - otic 
compounds tbat could toto. their way- mto the 
state s water ?. . 1 hey are suspected trf being toxic, 
carcinogenic, teratogenic, mutagenic, e? neuro 
toxic bto suffici e nt drrfrt ate Ret presently avail 
able to adopt statewide numerical concentrations 
limits to? each **wer to implementing the stand 
rtf4 that- toxic substances shall Ret make the wa- 
tef* injunouo to- public health t*f to aquatic h£e 
ef wildlife, a car e ful evaluation may- be nec e ssary 
to detennine am- possible harmful effects upon 
the r e c e iving waters t*f a proposed discharge that 
» likely to contain asy ef thes . e substances. 44*e 
evaluation may include bioassay studies, consul 
tation with public health authorities. a«4 other 
means ef obtaining r e levant information. A-p- 
propriate limitations shall be set bas e d »«■ the 
evaluations and or criteria specified m Paragraph 
(at ef tfek Rul e . 



Inorganic Substance 



Antimony (total) 



Organic Substanc e 



2 Chloronapthaleno 



Hydrofluoric ae*4 

a»4 empdfl. 
I ithium ft«4 

compoundo 
Thallium (total) 

Organic Substanco 



Acenaphthono 

Acenapthlyone 
Acetone . 
Acrolein 
Acpylonitrile 

Aniline 

i\nthraeeno 

Ben/ene 

Dichlorobenzcne 

1 lexuchlorobenzen e 
Monochlorobenzene 
Nitrobenzene 
Pentachloroni 

trohen/ene 
1.2,1 Trichloro 

benzene 

Benzidine <fe be»r ayes 
Benzo (a)anthraoene 
B e n/o (a)pyreno 
Ben/o (b)fluorantheno 

Ben/o (g.h.)peryleno 

B e n/o (k)fluoranthcne 

a BUG (alpha) 

b BHC (beta) 

d BUG (delta) 

g BUG (gamma) 

Biphenyl 

ife (2 Chloroothyl) 

ft» (2 Chlorocthoxy) 

methane 
ft* (2 Chloroioo 

propyl) ether 
B+* (Chloromethyl) 

ft* (2 ethylhcxyl) 

phthalate 
Bromodicliloromethan e 
Bromoform 
Bromomethan e 



2 (.'hlorophenol 

4 Ghlorophenylphcnyl 

Chryseno 

4 1' DDD 
4 1' DDE 
4 T DDT 

Diazinono 
diben/o (a,h) 
anthracene 
Dibromochloro 
methane 

1.2 dichlorobenzcne 

1.3 dichlorobenzcne 

1.4 dichlorobenzene 
3,3' dichlorobcnzi 

1.1 dichloroethane 

1.2 dichloroethane 

1.1 dichloroethene 
trans 1,2 dichloro 

ethene 

1.2 dichloropropane 

1.3 dichloropropeno 
diethyl phthalate 

dimethylamine 

1 dimothylamin 

oazabenzene 
2,1 dimethylphonol 
dimethyl phthalate 
di n butyl phthalate 
4,6 dmitro 2 
methylphenol 
2.1 dinitrophenol 
2, 1 dinitrotolucne 
2,6 dinitrotoluene 

1. 1 Dioxane 

1.2 diphenylhydrazine 
epichlorhydrin 
ethane ethylene family 

1,2 Dichloroethane 

Ethyl e n e dichlorid e 

Ethyleneimine 

Ethylene Oxide 

Ethylene thiourea 
1 lexachloroethane 
letrachloroethan e 
Trichloroethane 



32 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1 Bromophenylph e nyl 

Butylben/.yl phthalat e 
Carbon disulfide 

Carbon tetrachloride 

1 Chloro 3 mothyl 
phenol 

Chloroben/ono 
Chloroethano 

2 Chloroethylvinyl 

Chloroform 
Chloromethan e 
Hoxachlorobon/.une 
1 lexachlorohutadione 
llexachlorocyclo 

pentadiene 
I Iexachloroethano 

Il e xameth>len e diamin e 

Hydrazine &• Dimethyl 

Indono 

Indono ( 1,2,3 ed) 

pyrono 
Isophorono 
Maloic Anhydride 

Methanol 
Methylene Chloride 

Mothylonohis (-2- 
Chloroaniline) 
M e thyl ethyl ketone 
Naphthalene 

1 Naphthylamino 
N hoxano 
Nitrobenzene 

2 nitrophenol 
'1 nitrophenol 

1 Nitropropano 

N nitrosodimothy 

lamino 
N nitrosodiprupy 

lamine 

N nitrosodipheny 

lamine 
N nitro ' io N mothy 

N nitroso N mothy 



Trichloroelheno 
Trichlorocthylono 
1,1,2 Inchloro 



Trifluoroothano 

Fthylb e na e no 
Fthylono diamine 
I'thylmothanosul 
fonato 

l'luoranthene 
Fluorono 
Formaldehyd e 
Organotin Compounds 
Phonanthreno 

Phthalates 

P nitrosodipheny 

lamino 
Polyoxvethylen e 

oxylerephthaloyl 

Propylene Oxide 
Pyrene 

Pyrethrin 
Semicarbai'.ide 
2,3,7,8 tutrachlor 

odiben/.o 
p dioxin 
T e traazotrich 

lorodecan e 
1,1,2,2 tetrach 

lorethano 
Totrachloroetheno 
I etraohloroethyleno 
Thiourea 
Toluene 
Toluene 2, 

1 Diisocyanato 
l,2, ' l tricholoro 

ben/eno 

1.1.1 tricholoro 
ethane 

1.1.2 trichloro 



ethane 



Trichloroethene 



2, 1,6 trichloro 
phenol 

Trichlorophonol 

Vinyl acetate 



lurethan e Vinyl Chloride 

N nitrosomethylvinylamine 
N nitrosomorpholin e 

(c) Temperature. The commission may es- 
tablish a water quality standard for temperature 
for specific water bodies other than the standards 
specified in Rules .021 1 and .0212 of this Section, 
upon a case-by-case determination that thermal 
discharges to these waters, ef the stato which 
serve or may serve as a source and/or receptor 
of industrial cooling water provide for the main- 
tenance of the designated best use throughout a 
reasonable portion of the water body, the ©tk- 
erwise applicable temperature standards as given 
ift Rules .021 1 a«4 .0212 &f ibis S e ction may »©<■ 
apply, t& which G&se ik<* commission shall e stab 
feh- a soparato wator quality standard fe* tern 
peraturo fef the affected portions t»f wat e rs ef t+h* 
stat e . Such revisions of the temperature standard 
must be consistent with the provisions of Section 
316(a) of the Federal Water Pollution Control 
Act as amended and will be noted in Rule .02 IS 
of this Section, shall be indicat e d » tb& sched 
t*k»s &f classifications with t+n* revised standard 
aftd- shall provido fof the designated best «*» 
classification applicable te tke stream s e gm e nt m 
question. 

Statutory Authority G.S. 143-214.1; 

!43-215.3(a)(l). 

.021 1 FRESH SI RFACE WATER 

CLASSIFICATIONS AND STANDARDS 

(a) General. The water quality standards for 
all fresh surface waters are the basic standards 
applicable to Class C waters. Additional and 
more stringent standards applicable to other spe- 
cific freshwater classifications arc specified in (c) 
through (f) of this Rule. 

(b) All fresh surface waters (Class C). 

(1) Best Usage of Waters. Aquatic life prop- 
agation and maintenance (including fish- 
ing, and fish), wildlife, secondary 
recreation, agriculture and any other usage 
except for primary recreation or as a 
source of water supply for drinking, culi- 
nary or food processing purposes; 
Conditions Related to Best Usage. The 
waters will be suitable for fishing a«4 fol* 
a«4 wildlifo aquatic life propagation and 
maintenance, wildlife, secondary recre- 
ation, and agriculture; Sources of water 
pollution which impair these uses will be 
considered to be violating a water quality 
standard; 

Quality standards applicable to all fresh 
surface waters: 



(2) 



(3) 



NORTH CAROLINA REGISTER 



33 



PROPOSED RULES 



(A) Chlorophyll a (corrected): not greater 
than 40 ug 1 for lakes, reservoirs, and 
other slow-moving waters not designated 
as trout waters, and not greater than 15 
ug. 1 for lakes, reservoirs, and other slow- 
moving waters designated as trout waters 
(not applicable during the months of De- 
cember through March; nor applicable to 
lakes and reservoirs less than ten acres in 
surface area); the director mav prohibit or 
limit any discharge of waste into surface 
waters if. in the opinion of the director, 
the surface waters experience or the dis- 
charge would result in growl hs of micro- 



scopic or macroscopic vegetation such 
that the standards established pursuant to 
this Rule would be violated or the in- 
tended best usage of the waters would be 
impaired. 

(B) Dissolved oxygen: not less than 6.0 
mg 1 for trout waters; for non-trout wa- 
ters, not less than a daily average of 5.0 
mg 1 with a minimum instantaneous value 
of not less than 4.0 mg 1; swamp waters, 
lake coves or backwaters, and lake bottom 
waters may have lower values if caused 
by natural conditions; for the purpose of 
implementing this Rule, dissolved oxygen 
in stratified waters will be measured in the 
photic /.one as defined bv a depth equiv- 
alent to twice the Sechii depth. 

(C) Floating solids; settleable solids; sludge 
deposits: only such amounts attributable 
to sewage, industrial wastes or other 
wastes as will not make the water unsafe 
or unsuitable for fch aquatic life and 
wildlife or impair the waters for any des- 
ignated uses; 

(D) Gases, total dissolved: not greater than 
110 percent of saturation; 

(E) Organisms of the coliform group: fecal 
coliforms not to exceed a geometric mean 
of 1000 100ml (MF count) based upon at 
least five consecutive samples examined 
during any 30 day period; nor exceed 
2000 100ml in more than 20 percent of 
the samples examined during such period; 
standards are not applicable during or 
immediately following periods of rainfall; 
» c e rtain str e am segaaeats where uncon 
trollabl e nonpoint source pollution ff&- 
vents the attainment ef the established 
fecal coliform standard, e xc e ptions te the 
f e cal coliform standard shall h<* establish e d 
tn* a case by case basis m accordance with 
Section 1 13 21 1.1 (4 th*» General Statutes 
<*f North Carolina; such e xc e ptions shall 
bt» indicated m th^ schedules ef- classifico 



tions ftft4 such waters shall net b& con 
sidered satisfactory fof secondary 

recreation usage; all coliform concen- 
trations are to be analyzed using the 
membrane filter technique unless high 
turbidity or other adverse conditions ne- 
cessitate the tube dilution method; in case 
of controversy over results, the MPN 
5-tube dilution technique will be used as 
the reference method; 

(F) Oils; deleterious substances; colored or 
other wastes: only such amounts as will 
not render the waters injurious to public 
health, secondary recreation or to aquatic 
life and wildlife or adversely affect the 
palatability of fish, aesthetic quality or 
impair the waters for any designated uses; 
for the purpose of implementing this 
Rule, oils, deleterious substances, colored 
or other wastes will include but not be 
limited to substances that cause a film or 
sheen upon or discoloration of the surface 
of the water or adjoining shorelines pur- 
suant to 40 CFR 110.4(a)-(b). 

(G) ph: shall be normal for the waters in the 
area, which generally shall range between 
6.0 and 9.0 except that swamp waters may 
have a pH as low »f as 4.3 if it is the result 
of natural conditions; 

(H) Phenolic compounds: only such levels 
as will not result in fish-flesh tainting or 
impairment of other best usage; 
(I) Radioactive substances: 

(i) Combined radium-226 and radium- 
228: the maximum average annual ac- 
tivity level (based on at least four sam- 
ples collected quarterly) for combined 
radium-226 and radium-228 shall not 
exceed five picocuries per liter; 
(ii) Alpha Emitters: the average annual 
gross alpha particle activity (including 
radium-226, but excluding radon and 
uranium) shall not exceed 15 picocuries 
per liter; 
(iii) Beta Emitters: the maximum average 
annual activity level (based on at least 
four samples, collected quarterly) for 
strontium-90 shall not exceed eight 
picocuries per liter; nor shall the average 
annual gross beta particle activity (ex- 
cluding potassium-40 and other na- 
turally occurring radio-nuclides) exceed 
50 picocuries per liter; nor shall the 
maximum average annual activity level 
for tritium exceed 20,000 picocuries per 
liter; 
(J) Temperature: not to exceed 2.8 degrees 
C (5.04 degrees F) above the natural water 



U 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



temperature, and in no case to exceed 29 
degrees C (84.2 degrees F) for mountain 
and upper piedmont waters and 32 de- 
grees C (89.6 degrees F) for lower 
piedmont and coastal plain waters. The 
temperature for trout waters shall not be 
increased by more than 0.5 degrees C (0.9 
degrees F) due to the discharge of heated 
liquids, but in no case to exceed 20 de- 
grees C (68 degrees F); 
(K) Turbidity: the turbidity in the receiving 
water d«e te> a discharg e shall will not ex- 
ceed 50 Nephelometric turbidity units 
(NTU) in streams not designated as trout 
waters and 10 NTU in streams, lakes or 
reservoirs designated as trout waters; for 
lakes and reservoirs not designated as 
trout waters, the turbidity shall will not 
exceed 25 NTU; d**e to discharge; if 
turbidity exceeds these levels due to na- 
tural background conditions, the existing 
turbidity level cannot be increased, dis- 
charge level cannot cause? am- increase » 
turbidity » the receiving water; Compli- 
ance with this turbidity standard can be 
met when land management activities 
employ Best Management Practices 
( B MPs) recommended bv the Designated 
Nonpoint Source Agency [as defined by 
Rule .0202(12) of this Section] and ap- 
proved by the director. BMPs must be in 
full compliance with all specifications 
governing the proper design, installation, 
operation and maintenance of such 



(L) Toxic substances: only such amounts, 
whether alone e* » combination with 
other substances ef wastes as w-tH set 
r e nder the waters injurious to- public 
health, secondary recreation, e+ fr» aquatic 
We ami wildlife (either through chronic 
ef acute exposure ef through 

1m. i-ii'.-iminfitiim i i -\ r i rt-i t~\ • ■ < r- *!-».. lr'it.ir, t , ^ f 
(. 7 I \ • \XU\r KlWWtWXvW '11 J , TTt ITI 1 1 Till I 1 HJ tTTTTCTTT TTTr 

any- designat e d uses; any toxic substanc e 
ef complex waste w-tli be considered 
acutely toxic at- instream waste concen 
trations greater than e«e third ef the 
06 hour LC50 value; acceptable levels ef 
chronic e xposur e may be determined by 
test- procedures deemed appropriate by- the 
director; » addition te the substances 
listed m tkis Paragraph, fef which num e r 
jeal standards have been adopted fef the 
protection of aquatic hfe: Rule .02 1 1 
(h)(4) includes action l e v e ls fef toxic sub 
stanc e s which may be toxic und e r certain 
e nvironmental conditions ami- Rule 
.0208(b) contains a list- el chemicals which 



a«* suspected ef b e ing toxic, carcinogenic, 
teratogenic, mutagenic, ef neurotoxic; Fe- 
quirements fof dischargers wfth- any ef 
these substances will be determined e» a 
case by case basis ami afe further de- 
senbed m these Rulos; toxic substances 
with numerical water quality standards 
(maximum permissible levels) to protect 
aquatic life applicable to fof all fresh sur- 
face waters: 

(i) Arsenic: net- gr e ater thee 50 ug/1; 
(ii) Beryllium: net- gr e ater thee 44- 6.5 

ug/1; 
(iii) Cadmium: set- greater than 0.4 ug/1 
for trout waters and net- greater thee 2.0 
ug/1 for non-trout waters; 
(iv) Chlorine, total residual: Ret- greater 
the* eV© F7 ug/1 for trout waters (TR); 
(Action Level of J_7 ug/1 for all waters 
not classified as trout waters (TR); see 
part (b)(4) of this Rule); 
(v) Chromium, total: Be* te exceed 50 

ug/1; 
fvf) Cobalt: set- greater than 4-rQ mg 1; 
(vh) (vi) Cyanide: net- greater tbae. 5.0 

ug/1; 
(viii) ( vii ) Fluorides: eet- greater than 1.8 

mg/1; 
ff?e> (viii) Lead: wet- greater than 25 ug/1; 
ef 4 mor e stringent, eee one hundredth 
(0-04) the 96 hour LC50; collection of 
data on sources, transport and fate of 
lead will be required as part of the 
toxicity reduction evaluation for 
dischargers that are out of compliance 
with whole effluent toxicity testing re- 
quirements and the concentration of 
lead in the effluent is concomitantly 
determined to exceed an instream level 
of 3_1_ ug/1 from the discharge; 
(*i [ix} MBAS: net- greater thee 0.5 mg/1; 
(*f) (_x| Mercury: Ret- greater that* Qr2 

0.012 ug/1; 
f*«} (xi) Nickel: set- greater than ee 88 
ug/1; ef if more stringent, em* on e 
hundredth (44M4 ef the 96 hour feGSOf 
(xiii) (xii) Pesticides: maximum concen 



trations: 

(I) Aldnn: 0.002 ug/1; 

(II) Chlordane: 0.004 ug/1; 

(III) DDT: 0.001 ug/1; 

(IV) Demeton: 0.1 ug/1; 

(V) Dieldrin: 0.002 ug/1; 

(VI) Endosulfan: 0.05 ug/1; 

(VII) Endrin: 0.002 ug/1; 

(VIII) Guthion: 0.01 ug/1; 

(IX) Heptachlor: 0.004 ug/1; 

(X) Lindane: 0.01 ug/1; 



NORTH CAROLINA REGISTER 



35 



PROPOSED RULES 



(XI) Mcthoxychlor: 0.03 ug/1; 

(XII) Mirex: 0.001 ug/1; 

(XIII) Parathion: 0.04 ug/1; 

(XIV) Toxaphene: 0.013 ug/1; 

(xiv) (xiii) Polychlorinated biphenyls: net 
greater *a» 0.001 ug/1; 

(-*v+ (xiv) Selenium: fkH greater t4*» W 
h^4 e«T if moro stringent, t+fie one * 
hundredth fWU4, ef the 06 hour i-£*0 
w- streams a«4 rivers; »©*• gruutor than 
5 ug 1; m- ponds, lakes a«4 res e rvoirs; 

(xv) Toluene: 1 1 ug 1 or 0.36 u. g 1 in 
trout waters; 



(xvi) Trialkyltin compounds: 0.008 ug/1 
expressed as tributyltin; 
(4) Action Levels tor Toxic Substances: if the 
levels ef Action levels for any of the 
substances listed in this Paragraph Sub- 
paragraph (which are generally not 
bioaccumulative and have variable 
toxicity to aquatic life because of chemical 
form, solubility, stream characteristics 
and, or associated waste characteristics) 
are determined by the waste load allo- 
cation to be exceeded in a receiving water 
by a discharge under the specified low 
flow criterion for toxic substances (Rule 
.0206 in this Section ), the discharger will 
be required to monitor the chemical 
and/or biological effects of the discharge; 
a* part ef Ae NPDFS permit; efforts shall 
be made by all dischargers to reduce or 
eliminate these substances from their 
effluents, after receiving such monitoring 
date fof a discharge, tbe r . uh '. tance w+41 be 
limited to- tbt* level feted t» t4w* Paragraph 
&f a» appropriate toxicity limit will be set 
a* det e rmin e d using the requirements ef- 
P<.ule .0208(a); Those substances for which 
Action 1 evels are listed m this Subpara- 
graph may be limited as appropriate in the 
NPDES pennit if sullicient information 
exists to indicate that any of those sub- 
stances mav he a significant causative fac- 
in toxicity of the effluent. 



tor result im _ 

(A) Copper: m excess af 4^ 7 ug/1; 

(B) Iron: m eseess ef 1.0 mg/1; 

(C) Silver: m excess ef 4Q 0.06 ug/1; 

(D) Zinc: m excess el 50 ug, 1; 
(Fj Chloride: 230 mg 1; 

(F) Chlorine, total residual: 17 ug 1 in all 
waters except trout waters ( I R ): [a stand- 
ard of _1_7 ug 1 exists for waters classified 
as trout waters and is applicable as such 
to all dischargers to trout waters; see part 
(b)(3)(I )(iv) of this Sectionj. 
(c) Class WS- 1 Waters. 



(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or food- 
processing purposes for those users desir- 
ing maximum protection of their water 
supplies, and any best usage specified for 
Class C waters; 

(2) Conditions Related to the Best Usage. 
Waters of this class are protected water 
supplies within natural and uninhabitated 
or predominantly undeveloped (not 
urbanized) watersheds with no permitted 
point source dischargers except those cat- 
egories of discharges or specific discharges 
qualifying for a General Permit according 
to the requirements of J_5 NCAC 211 
Section .0100 specifically approved bv the 
commission at the time of classification: 
waters within this class must be relatively 
unimpacted by nonpoint sources of pol- 
lution; local land use management pro- 
grams are required to protect waters from 
nonpoint source pollution; watersheds 
must be protected and the waters, follow- 
ing treatment as required by the Division 
of Health Services, according to water 
treatment provided a«4 water aft e r treat 
ment will meet the maximum contam- 
inant levels considered safe for drinking, 
culinary, and food-processing purposes 
which are specified in the national drink- 
ing water regulations and in the North 
Carolina Rules Governing Public Water 
Supplies, 10 NCAC 10D .1600; 

(3) Quality Standards Applicable to Class 
WS-I Waters: 

(A) Nonpoint Source Pollution: only that 
pollution which will not adversely impact 
the waters for use as a water supply or any 
other designated use. 

(B) Organisms of coliform group: total 
coliforms not to exceed 50/100 ml (MF 
count) as a monthly geometric mean 
value in watersheds serving as unfiltered 
water supplies; 

(C) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water sup- 
plies from taste and odor problems from 
chlorinated phenols; 

(D) Sewage, industrial wastes: none except 
those specified iri Subparagraph (2) of this 
Paragraph; 

(E) Solids, total dissolved: not greater than 
500 mg/1; 

(F) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(G) Toxic and other deleterious substances: 
numerical limits fof Class WS I waters: 



36 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



[i] Water quality standards (maximum 
permissible levels) to protect human 
health through water consumption and 
fish tissue consumption for non 
carcinogens in Class WS-I waters: 

(I) fi) Barium: He* greater *nan 1.0 
mg/1; 

(II) fn) Chloride: He* greater *nan 250 
mg/1; 

(HI) f***^ Manganese: He* greater than 
50 ug/1; 

(IV) (*¥) Nickel: He* greator *nan 25 
ug/1; 

(V) f>4 Nitrate nitrogen: He* gr e at e r 
*nan 10.0 mg/1; 

fVi} Pesticides, maximum concen 



He* greater than 100 

1 1 v i s^r^^^^^^^r 



trationo: 
(VI) (+> 2,4-D 

ug/1; 
(Vlf) fH> 2,4,5-TP (SUvex) 

than 1.0 ug/1; 
(VIII) Sulfates: 250 mg/1. 
(ii) Water quality standards (maximum 
permissible levels) to protect human 
health through water consumption and 
fish tissue consumption for carcinogens 
in Class WS-I waters: 

01" 



0.4 u.g'l; 
488 ug/1: 



Ben Ilium: 6.8 ng'l; 

(II) Ben/ene: 0.66 ug 1; 

(III) Carbon tetrachloride: 

(IV) Chlorinated ben/enes 

(V) Dioxin: 0.000013 ng'l; 

(VI) 1 lexachlorobutadiene: 0.45 ug/1; 

(VII) I'olynuclear aromatic hydro- 
carbons: 2.8 ng/1; 

(VIII) Tetrachloroethane (1.1,2,2): 
0.17 ug/1; 

(IX) Tctrachloroethvlene: 0.8 ug/1; 

(X) 1 richloroethvlene: 2.7 ug/1: 



(XI) Vinvl Chlonde: 2 ug/1; 

(XII) Aldnn: 0.074 ng/1; 

(XIII) Chlordane: 0.46 ng/1; 

(XIV) DDT: 0.024 ng'l; 

(XV) Dieldnn: 0.071 ng/1; 

(XVI) Heptachlor: 0.28 ng/1; 

(XVII) Toxaphcne: 0.71 ng/1. 
(d) Class WS-I I Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or food- 
processing purposes for those users desir- 
ing maximum protection for their water 
supplies where a WS-I classification is not 
attainable and any best usage specified for 
Class C waters; this classification may also 
be used to protect critical portions of the 
watershed of Class WS-III waters; 

(2) Conditions Related to Best Usage. Waters 
of this class are protected as water supplies 



which are in low to moderately developed 
(urbanized) watersheds; only domestic 
wastewater discharges (excluding munici- 
pal dischargers required to have a pre- 
treatment program according to 15 
NCAC 2H .0904) and industrial non- 
process discharges specifically approved 
by the EMC are permitted in these 
watersheds; local governments must have 
land use management programs to protect 
these watersheds from pollution due to 
land development and other nonpoint 
sources; the waters, following treatment 
required by the Division of Health Ser- 
vices, will meet the maximum contam- 
inant levels considered safe for drinking, 
culinary, and food-processing purposes 
which are specified in the national drink- 
ing water regulations and in the North 
Carolina Rules Governing Public Water 
Supplies, 10 NCAC 10D .1600; 
(3) Quality Standards Applicable to Class 
WS-II Waters: 

(A) Industrial Wastes: none except for 
non-process industrial discharges specif- 
ically approved by the commission; 

(B) Nonpoint Source Pollution: only that 
pollution which will not adversely impact 
the waters for use as a water supply or any 
other designated use; 

(C) Odor producing substances contained 
in sewage or other wastes: only such 
amounts, whether alone or in combina- 
tion with other substances or wastes, as 
will not cause taste and odor difficulties in 
water supplies which cannot be corrected 
by treatment, impair the palatability of 
fish, or have a deleterious effect upon any 
best usage established for waters of this 
class; 

(D) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water sup- 
plies from taste and odor problems from 
chlorinated phenols; 

(E) Sewage: none which will have an ad- 
verse effect on human health or is not ef- 
fectively treated to the satisfaction of the 
commission and in accordance with the 
requirements of the Division of Health 
Services, North Carolina Department of 
Human Resources; 

(F) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(G) Total dissolved solids: not greater than 
500 mg/1; 

(H) Toxic and other deleterious substances: 
numerical limits fof Class WS II waters: 



NORTH CAROLINA REGISTER 



37 



PROPOSED RULES 



(i) Water quality standards (maximum 
permissible levels) to protect human 
health through water consumption and 
fish tissue consumption for non 
carcinogens in ("lass WS-II waters: 



(_[) (++ Barium: 
mg/1; 

(II) (ti) Chlonde 
mg/1; 

(III) (*++ Manganese: 
200 ug/1; 

(IV) (+v) Nickel: 



ho4- greater than 1.0 

»»4- groutor than 250 

h*4 greater than 



Ret- greater than 25 
ugl; ©f if more stringent, »ee one 
hundr e dth f4r£4A &e % hour LC50; 

(V) fv) Nitrate nitrogen: Ret- greater 
0*» 10.0 mg/1; 

fv+f Pesticides, maximum concen 
trationa: 

(VD ffi 2,4-D: 100 ug/1; 

(VII) f44-> 2,4,5-TP: 10 ug/1; 

(VIII) fv«^ Sulfates: not greater than 
250.0 mg/1. 

(ii) Water quality standards (maximum 
pennissible levels) to protect human 
health through water consumption and 
fish tissue consumption for carcinogens 
in ("lass WS-II waters: 
ih 



Beryllium: 6.8 ng 1; 
Benzene: 0.66 ug 1: 
Carbon tetrachloride: 



0.4 ug 1; 



till 
(III) 

(IV) Chlorinated benzenes: 488 ug/1; 

(V) Pioxin: 1). 1)00013 ng 1 : 

(V I) I lexachlorobutadiene: 



(VII) Polvnuclear 
carbons: 2.8 ng 1; 
(VIII 



0.45 ug,l; 
iromatic hvdro- 



Tctrachloroethane (1,1,2,2) 



0.17 ug/1; 

(IX) Tetrachloroethvlene: 0.8 ug/1; 

(X) Tnchlorocthvlcne: 2.7 ug 1; 

(XI) Vinvl Chlonde: 2 ug. 1; 

(XII) Aldrin: 0.074 ng 1; 



(XIII 
(XIV) 



Chlordane: 0.46 ng 1: 
DDT: 0.024 ng 1; 
Dieldrin: 0.071 ng/1; 



(XVI) Heptachlor: 0.28 ng/1; 

(XVII) Toxaphene: 0.71 ng/1. 
(e) Class WS-III Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or food- 
processing purposes for those users where 
more protected sources are not feasible 
and any other best usage specified for 
Class C waters; 

(2) Conditions Related to Best Usage. The 
waters, after treatment required by the 
Division of I lealth Services, will meet the 
maximum contaminant levels considered 
safe for drinking, cuhnarv, or food- 



processing purposes which are specified in 
the national drinking water regulations 
and in the North Carolina Rules Govern- 
ing Public Water Supplies, 10 NCAC 10D 
.1600; 
(3) Quality Standards Applicable to Class 
WS-III Waters: 
(Aj Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes: only such amounts, whether alone 
or in combination with other substances 
or wastes, as will not cause taste and odor 
difficulties in water supplies which cannot 
be corrected by treatment, impair the 
palatability of fish, or have a deleterious 
effect upon any best usage established for 
waters of this class; 

(B) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water sup- 
plies from taste and odor problems from 
chlorinated phenols; specific phenolic 
compounds may be given a different limit 
if it is demonstrated not to cause taste and 
odor problems and not to be detrimental 
to other best usage; 

(C) Sewage, industrial wastes, or other 
wastes: none which will have an adverse 
effect on human health or which are not 
effectively treated to the satisfaction of the 
commission and in accordance with the 
requirements of the Division of Health 
Services, North Carolina Department of 
Human Resources; any discharger or in- 
dustrial users subject to pretreatment 
standards may be required upon request 
by the commission to disclose all chemical 
constituents present or potentially present 
in their wastes and chemicals which could 
be spilled or be present in runoff from 
their facility which may have an adverse 
impact on downstream water supplies 
classified WS-III; these facilities may be 
required to have spill and treatment failure 
control plans as well as perform special 
monitoring for toxic substances; 

(D) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(E) Total dissolved solids: not greater than 
500 mg/1; 

(F) Toxic and other deleterious substances: 
numerical limits fet Claoo WS II waters: 
(i] Water quality standards (maximum 

permissible levels) to protect human 
health through water consumption and 
fish tissue consumption for non 
carcinogens in Class WS-III waters: 



(1) (+} Barium: Re* greater than 1.0 
mg/1; 



38 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(II) fii) Chloride: h»4- groator tha» 250 
mg/1; 

(III) (i«4 Manganese: net- greater &a» 
200 ug/1; 

(IV) (iv) Nickel: ho*- groator &a» 25 
Ug/1; »f tf more stringent, e»e one 
hundredth (4^W» the % hour feGSQ; 

(V) (v) Nitrate nitrogen: fte* groator 
tha» 10.0 mg/1; 

(*4} Pesticides, maximum conc e n 
t rat ion ' .i: 

(VI) ffi 2,4-D: 100 ug/1; 

(VII) fi44 2,4,5-TP (Silvex): 10 ug/1; 

(VIII) (vh) Sulfates: not greater than 
250.0 mg/1. 

(ii) Water quality standards (maximum 
permissible levels) to protect human 
health through water consumption and 
fish tissue consumption for carcinogens 
in Class YVS-III waters: 



(J) Beryllium: 6.8 n.g 1: 

(II) Benzene: 0.66 ug 1: 

(III) Carbon tetrachloride: 



(IV) 

(V) Dioxin: 0.000013 ng 1 

(VI) Hexachlorohutadiene: 

(VII) Polvnuclcar 
carbons: 2.S ng 1; 

(VIII) 



0.4 ug' 



Chlorinated benzenes: 488 ug/1; 



0.45 ug/1; 

aromatic hvdro- 



Tetrachloroethane (1.1.2,2): 
0.17 ug 1: 

(IX) Tetrachloroethvlene: 0.8 ug/1; 

(X) Tnehlorocthvlcne: 2.7 ug 1; 

(XI) Vinyl Chloride: 2 ug 1: 

(XII) Aldnn: 0.074 ng I; 

(XIII) Chlordane: 0.46 ng/1; 

(XIV) DPI: 0.024 ng 1; 

(XV) Dieldnn: 0.071 ng/I; 

(XVI) I leptachlor: 0.28 ng 1; 

(XVII) Toxaphene: 0.71 ng 1. 
(f) Class B Waters. 

(1) Best Usage of Waters. Primary recreation 
and any other best usage specified by the 
"C" classification; 

(2) Conditions Related to Best Usage. The 
waters will meet accepted standards of 
water quality for outdoor bathing places 
and will be of sufficient size and depth for 
primary recreation purposes. Also, sal- 
able fof oth e r t±ses requiring wat e rs »f 
lowor quality; 

(3) Quality standards applicable to Class B 
waters: 

(A) Sewage, industrial wastes, or other 
wastes: none which are not effectively 
treated to the satisfaction of the commis- 
sion; in determining the degree of treat- 
ment required for such waste when 
discharged into waters to be used for 



bathing, the commission will consider the 
quality and quantity of the sewage and 
wastes involved and the proximity of such 
discharges to waters in this class; dis- 
charges in the immediate vicinity of bath- 
ing areas may not be allowed if the 
director determines that the waste can not 
be reliably treated to ensure the protection 
of primary recreation; 
(B) Organisms of coliform group: (applica- 
ble only during the months of May 
through September; during other months 
the coliform organism standard for Class 
"C" waters shall apply) fecal coliforms not 
to exceed geometric mean of 200 100 ml 
(MF count) based on at least five consec- 
utive samples examined during any 30-day 
period and not to exceed 400/100 ml in 
more than 20 percent of the samples ex- 
amined during such period. 



Statutory A uthority 

l43-215.3(a)(l). 



.0212 



G.S. 



143-214.1; 



TIDAL SALT WATER 
CLASSIFICATIONS AND STANDARDS 

(a) General. The water quality standards for 
all tidal salt waters are the basic standards appli- 
cable to Class SC waters. Additional and more 
stringent standards applicable to other specific 
tidal salt water classifications are specified in (c) 
and (d) of this Rule. 

(b) All tidal salt waters (Class SC). 



(1) 



(2) 



Best Usage of Waters. Aquatic life prop- 
agation and maintenance (including fish- 
ing, fish and functioning PNAs), wildlife, 
secondary recreation, and any other usage 
except primary recreation or shellfishing 
for market purposes; 

Conditions Related to Best Usage. The 
waters will be suitable for fishing, fish and 
wildlife aquatic life propagation and 
maintenance, wildlife, secondary recre- 
ation, and other uses requiring waters of 
lower quality; Any source of water pol- 



lution which impairs these uses including 
their functioning as PNAs will be consid- 
ered to be violating a water quality stand- 
ard; 
(3) Quality standards applicable to all tidal 
salt waters: 
(A) Chlorophyll a (corrected): not greater 
than 40 ug/1 in sounds, estuaries, and 
other slow-moving waters (not applicable 
during the months of December through 
March); the director may prohibit or limit 
any discharge of waste into surface waters 
if in the opinion of the director, the sur- 



NORTH CAROLINA REGISTER 



39 



PROPOSED RULES 



face waters experience or the discharge 
would result in growl hs of microscopic or 
macroscopic vegetation such that the 
standards established pursuant to this 
Rule would he violated or the intended 
best usage of the waters would be im- 
paired. 

(B) Dissolved oxygen: not less than 5.0 
mg 1, except that swamp waters, poorly 
flushed tidallv influenced streams or 
embavments, or cstuanne bottom waters 
may have lower values if caused by na- 
tural conditions: for the purpose of im- 
plementing this Rule, dissolved oxygen in 
stratified waters will be measured in the 
photic /.one, as defined by a depth equiv- 
alent to twice the Scchh depth: 

(C) Floating solids: settleable solids; sludge 
deposits: only such amounts attributable 
to sewage, industrial wastes or other 
wastes, as will not make the waters unsafe 
or unsuitable for ftsk aquatic life and 
wildlife, or impair the waters for any des- 
ignated uses; 

(D) Gases, total dissolved: not greater than 
1 10 percent of saturation; 

(E) Organisms of coliform group: fecal 
coliforms not to exceed geometric mean 
of 1,000 100 ml (\1F count) based upon 
at least five consecutive samples examined 
during any 30 day period: not exceed 
2,000 100 ml in more than 20 percent of 
the samples examined during such period; 
standards are not applicable during or 
immediately following periods of rainfall; 
all coliform concentrations are to be ana- 
lyzed using the MF technique unless high 
turbidity or other adverse conditions ne- 
cessitate the tube dilution method; in case 
of controversy over results the MPN 
5-tube dilution method will be used as the 
referee method; 

(F) Oils; deleterious substances; colored or 
other wastes: only such amounts as will 
not render the waters injurious to public 
health, secondary recreation or to aquatic 
life and wildlife or adversely affect the 
palatability of fish, aesthetic quality or 
impair the waters for any designated uses; 
for the purpose of implementing this 
Rule, oils, deleterious substances, colored 
or other wastes will include but not be 
limited to substances that cause a film or 
sheen upon or discoloration of the surface 
ol the water or adjoining shorelines pur- 
suant to 40 CFR lli).4ia)-(b). 

( G ) pll : '. hall will be normal for the waters 
in the area, which generally shall will 



range between 6.8 and 8.5 except that 
swamp waters may have a p_H as low ef- 
as 4.3; 
(H) Phenolic compounds: only such levels 
as will not result in fish-flesh tainting or 
impairment of other best usage; 
(I) Radioactive substances: 

(i) Combined radium-226 and radium- 
228: The maximum average annual 
activity level (based on at least four 
samples, collected quarterly) for com- 
bined radium-226, and radium-22S shall 
will not exceed five picocuries per liter; 
(ii) Alpha Emitters. The average annual 
gross alpha particle activity (including 
radium-226, but excluding radon and 
uranium) chall will not exceed 15 
picocuries per liter; 
(iii) Beta Emitters. The maximum aver- 
age annual activity level (based on at 
least four samples, collected quarterly) 
for strontium-90 chall will not exceed 
eight picocuries per liter; nor shall the 
average annual gross beta particle ac- 
tivity (excluding potassium-40 and 
other naturally occurring radio- 
nuclides) exceed 50 picocuries per liter; 
nor shall will the maximum average 
annual activity level for tritium exceed 
20,000 picocuries per liter; 
(J) Salinity: will not be appreciably modi- 
fied as a result of hvdrological modifica- 
tions in areas draining to 1'NAs; Projects 
which are determined by the director to 
result in the appreciable modification of 
salinity within a PNA will be required to 
employ appropriate water management 
practices; 
(K) fj-f Temperature: shall will not be in- 
creased above the natural water temper- 
ature by more than 0.8 degrees C (1.44 
degrees F) during the months of June. 
July, and August nor more than 2.2 de- 
grees C (3.96 degrees F) during other 
months and in no cases to exceed 32 de- 
grees C (89.6 degrees F) due to the dis- 
charge of heated liquids; 
(L) (K) Turbidity: the turbidity in the re- 
ceiving water 4«e to a discharge * shall will 
not exceed 25 NTL : ; if turbidity exceeds 
this level due to natural background con- 
ditions, the existing turbidity level cannot 
be increased. discharg e l e v e l cannot eawse 
a»v increase m turbidity h* toe receiving 
water; Compliance with this turbiditv 
standard can be met when land manage- 



ment activities employ Best Management 
Practices (BMPs) recommended bv the 



40 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



Designated Nonpoint Source Agency [as 
defined bj/_ Rule .0202(12) of this Sectionl 
and approved by the director. BMI's 
must be in full compliance with all spec- 
ifications governing the proper design, in- 
stallation, operation and maintenance of 
such BMPs; 
(M) (fe) Toxic substances: efth/ such 
amounts, wheth e r alon e ef m combina 
tie« with other substances ef wastes as 
w+h net render the watefS injurious te 
aquatic life a«4 wildlife'. ef impair the 
waters fof any designated uses; fo addition 
te the subotancos fof wliich numerical 
standards have been adopt e d, which a*e 
listed fo this Paragraph fof protection ef 
aquatic lifer R«le ,0212(b)('l) includes 
action levels fof toxic substanc e s which 
may be toxic under certain environmental 
conditions a»4 Rule ,020S(b) contains a 
list ef chemicals which afe suspected te 
be toxic, carcinogenic, teratogenic, 
mutagenic, ef neurotoxic; requirements 

T/\r I In .-l-i'i nil t.- nn t K I I n 1 | i~\ t t\^^£^± i~ i iKi-t inf af 
TTTT U1A 1 1 111 BV9 TTTTTT III I T ^TT EXZvI ' \J O >-* «.." JIUI 1LVJ 

wih be determined en a case by case basis 
ae4 afe further desenbod fo these Rules; 
toxic substances with numerical limits 
water quality standards (maximum per- 
missible levels) to protect aquatic life ap- 
plicable to tf> all tidal saltwaters: 
(i) Arsenic: net greater than 50 ug/1; 
(ii) Cadmium: Hot- greater than 5.0 ug/1; 
(iii) Chromium, total: »et greater than 

20 ug/1; 
(iv) Cyanide: ftet greater than $& 1.0 

ug/1; 
(v) Mercury: R*»t greater tha» WrW 0.025 

ug/1; 
(vi) Lead: net greater than 25 ug/1; col- 
lection of data on sources, transport 
and fate of lead will be required as part 
of the toxicity reduction evaluation for 
dischargers that are out of compliance 
with whole effluent toxicity testing re- 
quirements and the concentration of 
lead in the effluent is concomitantly 
determined to exceed an in stream level 
of 3.1 ug/1 from the discharge; 



(vii) Nickel: net greater than Stt 8J ug/1; 

ef tf more stringent, efte one hundredth 

mm the 06 hour LC50; 
(viii) Pesticides: maximum concen 

trations: 

(I) AJdrm: 0.003 ug/1; 

(II) Chlordane: 0.004 ug/1; 

(III) DDT: 0.001 ug/1; 

(IV) Demeton: 0.1 ug/1; 

(V) Dieldrin: 0.002 ug/1; 



(VI) Endosulfan: 0.009 ug/1; 

(VII) Endrin: 0.002 ug/1; 

(VIII) Guthion: 0.01 ug/1; 

(IX) Heptachlor: 0.004 ug/1; 

(X) Lindane: 0.004 ug/1; 

(XI) Methoxychlor: 0.03 ug/1; 

(XII) Mirex: 0.001 ug/1; 

(XIII) Parathion: 0.04 ug/1; 

(XIV) Toxaphene: 0.07 ug/1; 

(ix) Polycholorinated biphenyls: set 

greater than 0.001 ug/1; 
(x) Selenium: net greater tha» 44M> 71 

ug/1; ef if moro stringent, e»e efte- 

hundrodth (&&+) the % hour I C50; 
(xi) Trialkyltin compounds: 0.002 ug/1 

expressed as tributyltin. 
(4) Action Levels for Toxic Substances: if the 
levels ef Action Levels for any of the 
substances listed in this Paragraph Sub- 
paragraph (which are generally not 
bioaccumulative and have variable 
toxicity to aquatic life because of chemical 
form, solubility, stream characteristics 
and/or associated waste characteristics) 
are determined by the waste load allo- 
cation to be exceeded in a receiving water 
by a discharge under the specified low 
flow criterion for toxic substances (Rule 
.0206 in this Section), the discharger will 
be required to monitor the chemical 
and/or biological effects of the discharge; 
a* part ef the NPDLS permit; efforts shall 
be made by all dischargers to reduce or 
eliminate these substances from their 
effluents, aftor receiving ouch monitoring 
data fof a discharg e , the substance wih be 
limited te the lev e l list e d fo this Paragraph 
ef a» appropriate toxicity limit wih be set 
as determin ed- using the requirements ef 
Rulo .0208(a): Those substances for 
which Action Levels are listed in this 
Subparagraph may be limited as appro- 
priate in the NPDES permit if sufficient 
information exists to indicate that any of 
those substances may be a significant 
causative factor resulting in toxicity of the 
effluent. 

(A) Copper: i» e xc e ss ef 4# 3 ug/1; 

(B) Silver: i» excess ef 4© 0J_ ug/1; 

(C) Zinc: m oxcoss ef 50 86 ug/1. 
(c) Class SA Waters. 

(1) Best Usage of Waters. Shellfishing for 
market purposes and any other usage 
specified by the "SB" or "SC" classifica- 
tion; 

(2) Conditions Related to Best Usage. Waters 
will meet the current sanitary' and 
bacteriological standards as adopted by 



NORTH CAROLINA REGISTER 



41 



PROPOSED RULES 



the Commission for Health Services and 
will be suitable for shellfish culture; 
(3) Quality Standards applicable to Class SA 
Waters: 

(A) Floating solids; settleable solids; sludge 
deposits: none attributable to sewage, in- 
dustrial wastes or other wastes; 

(B) Sewage: none; 

(C) Industrial wastes, or other wastes: none 
which are not effectively treated to the 
satisfaction of the commission in accord- 
ance with the requirements of the Divi- 
sion of Health Services; 

f©) Toxic substances: numerical limits fo* 
Class SA waters: 

(*} Fluoride: »o4- great e r than 4-r& mg 1; 
fit} Manganese: ao4- gr e at e r than &4 mgd; 

(-&} (D) Organisms of coliform group: fecal 
coliform group not to exceed a median 
MF of 14/100 ml and not more than 10 
percent of the samples shall exceed an 
MF count of 43 100 ml in those areas 
most probably exposed to fecal contam- 
ination during the most unfavorable 
hvdrographic and pollution conditions, 
(d) Class SB Waters. 

( 1 ) Best Usage of Waters. Primary recreation 
and any other usage specified by the 
"SC" classification; 

(2) Conditions Related to Best Usage. The 
waters will meet accepted sanitary stand- 
ards of water quality for outdoor bathing 
places and will be of sufficient size and 
depth for primary recreation purposes; 

(3) Quality Standards applicable to Class SB 
waters: 

(A) Floating solids; settleable solids; sludge 
deposits: none attributable to sewage, in- 
dustrial wastes or other wastes; 

(B) Sewage; industrial wastes; or other 
wastes: none which are not effectively 
treated to the satisfaction of the commis- 
sion; in determining the degree of treat- 
ment required for such waters discharged 
into waters which are to be used for 
bathing, the commission will take into 
consideration quantity and quality of the 
sewage and other wastes involved and the 
proximity of such discharges to the waters 
in this class; discharges in the immediate 
vicinity of bathing areas may not be al- 
lowed if the director determines that the 
waste can not he treated to ensure the 
protection of prim an 1 recreation; 

(C) Organisms of coliform group: (applica- 
ble only during the months of May 
through September; during other months 



the coliform organism standard for Class 
"SC" waters shall apply) fecal coliforms 
not to exceed a geometric mean of 
200/100 ml (MF count) based on at least 
five consecutive samples examined during 
any 30 day period and not to exceed 
400/100 ml in more than 20 percent of the 
samples examined during such period; 
standards are not applicable during or 
immediately following periods of rainfall. 



Statutory Authority 
l43-2153(a)(l). 



G.S. 



143-214.1; 



.0213 REVISIONS TO DISSOLVED OXYGEN 
STANDARDS (REPEALED) 

Statutory Authority G.S. 143-214.1. 

.0215 EFFLUENT CHANNELS 

The standards of water quality contained in this 
Section shall not apply to waters within effluent 
channels, as defined in Rule .0202(15) of this 
Section, except that said waters shall be main- 
tained at a quality which will prevent the occur- 
rence of offensive conditions, protect public 
health, and allow maintenance of the standards 
applicable to all downstream waters. Fffluent 
channels will be designated by the director, such 
that the channels will: 

( 1 ) be contained entirely on property owned 
(or otherwise controlled) by the discharger 
(to be demonstrated by the discharger); 

(2) not contain natural waters except when 
such waters occur in direct response to rain- 
fall events by overland runoff; 

(3) be so constructed or modified as to mini- 
mize the migration of fish into said channel; 

(4) be identified and designated on a case-by- 
case basis prior to permit issuance. 

Statutory Authority G.S. 143-214.1. 

.0216 OUTSTANDING RESOURCE WATERS 

(a) General. In addition to the existing classi- 
fications, the commission may classify certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon find- 
ing that such waters are of exceptional state or 
national recreational or ecological significance 
and that the waters have exceptional water qual- 
ity while meeting the following conditions: 

(1) there are no significant impacts from pol- 
lution with the water quality rated as ex- 
cellent based on physical, chemical and/or 
biological information; 

(2) the characteristics which make these wa- 
ters unique and special may not be pro- 



42 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tcctcd by the assigned narrative and 
numerical water quality standards, 
(b) Outstanding Resource Values. In order to 
be classified as ORW, a water body must exhibit 
one or more of the following values or uses to 
demonstrate it is of exceptional state or national 
recreational or ecological significance: 

(1) there are outstanding fish (or commercially 
important aquatic species) habitat and 
fisheries; 

(2) there is an unusually high level of water- 
based recreation or the potential for such 
recreation; 

(3) the waters have already received some 
special designation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlife Refuge, etc, 
which do not provide any water quality 
protection; 

(4) the waters represent an important com- 
ponent of a state or national park or for- 
est; or 

(5) the waters are of special ecological or sci- 
entific significance such as habitat for rare 
or endangered species or as areas for re- 
search and education. 
Quality Standards for waters classified as 



(c) 
ORW. 

ill 



Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. No permanent degrada- 
tion of water quality will be allowed. 
Temporary and short-term changes in 
water quality may be permitted provided 
that interim water quality will maintain 
existing uses. A public hearing is manda 

1 i \ t* \ | Li^^C ' * * ^ ; r . t L . \ % kj i> k \. I l^^UZXi^^i^^ |j \ i Itk i'L i T ' * i ^ 
"T^T T rTTr HI 1 j l.M " ' I >vQwQ I'll Mill LI Ew Ul^'UlIHl ,_.U 

te waters classified as ORW. Manage- 
ment strategics to protect resource values 
will he developed on a site specific basis 
during the proceedings to classify waters 
as ORW. At a minimum, no new dis- 
charges or expansions of existing dis- 
charges will he permitted, and stormwater 
controls for all development activities re- 
quiring a Sediment Hrosion Control Plan 
will be required as follows: 

(A) I ow Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to J_2 percent built-upon area will be 
deemed to comply with this requirement. 

(B) High Density Development: Higher 
density developments will be allowed if 
stormwater control systems utilizing wet 
detention ponds are installed, operated 



and maintained which control the runoff 
from all built-upon areas generated from 
one inch of rainfall. The size of the con- 
trol system must take into account the 
runoff from any pervious surfaces draining 
to the system- 
More stringent requirements may be required by 
the Environmental Management Commission on 
a site specific basis. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. No permanent degradation 
of water quality will be allowed. Tempo- 
rary and short-term changes in water 
quality may be permitted provided that 
interim water quality will maintain exist- 
ing uses. 
Additional actions to protect resource values will 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will 
be specified in Paragraph (e) of this Rule. These 
actions may include anything within the powers 
of the commission. The commission will also 
consider local actions which have been taken to 
protect a water body in determining the appro- 
priate state protection options. 

(d) Petition Process. Any person may petition 
the commission to classify a surface water of the 
state as an ORW. The petition shall identify the 
exceptional resource value to be protected, ad- 
dress how the water body meets the general cri- 
teria in Paragraph (a) of this Rule, and the 
suggested actions to protect the resource values. 
The commission may request additional sup- 
porting information from the petitioner. The 
commission or its designee will initiate public 
proceedings to classify waters as ORW or will 
inform the petitioner that the waters do not meet 
the criteria for ORW with an explanation of the 
basis for this decision. The petition should be 
sent to: 

Director 

Division of Environmental Management 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

The envelope containing the petition should 

clearlv bear the notation: RULE-MAKING 

PETITION FOR ORW CLASSIFICATION. 

(e) Listing of Waters Classified ORW with 
Specific Actions. Waters classified as ORW with 
specific actions to protect exceptional resource 
values are listed as follows: 

(4) Specific actions te protect the outstanding 
resource valuoo ef the listed wutorbodios 
include h» fk*w discharges, h» flow e*- 
pansions ef e xisting discharges, aftd 
stormwater controls fof aU development 



NORTH CAROLINA REGISTER 



43 



PROPOSED RULES 



activities requiring a Sediment brosion 
Control Flan as follows: 
1 ow Density Option: Developments 
which limit single family d e v e lopm e nts to 
e«© aefe Itos ami other type developments 
to 4-3 percent built upon ar©a w+14 b© 
deemed to comply with tots requirement. 
Mor e stringent r e quirements may b© r©- 
quired by toe Environmental Manage 
nient Commission h* v~©ry sensitise areas. 
1 ligh Density Option: 1 ligher density 4e- 
velopments w+H- b© allowed if stormwater 
control systems (preferably we4 detention 
ponds) ar© installed, op e rated a«4 main 
tamed which control tot* runoff from aff 
built upon ar e as , gen e rated from e«© m*4> 
ef rainfall. 44»© sw© ef toe control syst e m 
must tok© mto account toe runoff from 
»m- pervious surfaces draining to toe sys- 
tem. Mor e stringent requirem e nts may 
be required by toe Environm e ntal Man 
agement Commission to very ' sensitive 
ar e as. 

fA-)- Cataloochee Creek (Irench Broad 
Riser Basin. Index Xer 5 ■ ! 1 ) from sourc e 
to Waterville L ake. including aH tributary 
waters above toe lak e . 

f-B-» South itork Mills Riser (bi e nch Broad 
Riser Basin. Index X©t 6 51 3 ) from 
source to confluence ssith Queen Creek 

it^.'h I. ni^ii -ill t tm Ui i t ■ ■ v\ 1 u ■ it. kT- l mImu ■ , i /_^^^^^^^^L 

rrrciwiinc lt n tiTi " i t it r i" t* t. i i ^ i . j in • v i v. ^7 un 1 1 

Creek. 

fC4 I ; ires Creek (llisvassee River Basin, f«- 
4©* Xe-r 1 27) including aH tributary ' wa- 
t e rs. 

(44) Ciipp Creek ( I Iisvassee River Basin, 
Index X«t 1 52 23) including aH tributary 
ssatero. 

(+4 Nantahala River (I ittle Tennessee 
Riser Basin *»4 Sasannah Riser Drainag e 
Area. Index >tor 2 57) from sourc e to 
Roaring Fork including all tributary wa- 
to?«T 

(4-4 Wilson Cr e ek (Catass'ha Ris e r Basin, 
Ind e x 44* 1 1 38 VI) including ak 
tributary waters. 

(G) Wk 44©©k [Yadkin Pee 44e© ftww 
Basin, We* 44>Sr 12 2d (1) ami 
12 2 ' l (2)| including aH tributary waters. 
(4f Specific actions to protect toe outstanding 
resource sal Lie" . ef toe listed ssaterhodies 
include m* new discharge !' . m+ e xpansions 
ef pollutant loadings from existing d+s- 
charges. ami storm svater control tof aH 
development activities requiring a 
Sediment Erosion Control Plan as tok 
losss: 



I osv Density Option: IXwelopmonts 
which limit singl e family developments to 

QQfl .t ■■■» «-,-» 1 ft t f Mn.l ^flT^»r fcj "f d.in.diin »-»t n >-i t .^ 

V .' I IV. UVI V." 1UIJ (XI 1U l/llivi rTpv UL I VUM 'II R73 1 1 y 

to 44 perc e nt built upon area wiH be 
de e m e d to comply wito tkis requirement. 
More string e nt requirements may be f©- 
quired by »© Environmental Manage 
m e nt Commission m v e ry sensitive areas. 
1 ligh Density Option: I ligher density 4e- 
velopments wHf be allowed tf stormsvater 
control systems (preferably w©t- detention 
ponds) ate installed, operated ami main 
tamed svhich control to© runoff from aH 
built upon areas generated from e«© inch 
ef rainfall . 444> &*■*© ef toe control system 
must take mto account toe runoff from 
my pervious surfaces draining to toe eys- 
tem. Mure stringent requirements may 
be required by toe Ensironmentcd Man 
ag e ment Commission to very sensitise 
areas. 

(A) Chattooga Riser (Little Tennessee 
Riser Basin ami Savannah River Drainag e 
Area, Index 4tor i} from source to North 
Carolina Georgia state km» including 
Oserflosv Creek ami tributary' waters, -Btg 
Creek ami tributary waters, ami 
Scottsman Creek. 
(4+ Specific actions to protect toe outstanding 
resource values ©f toe following wat e rs afe 
as folloss's: 

(A} South 44© River [Ercnch Broad River 
Basin, Index -W: 7 2 52 ( 1)| from source 
to U.S. Ussy 494* including aH tributary 
waters wHf have m» discharges ©I wast e 
except those existing swimming pools ami 
existing trout farms qualifying fef a gen 
e«l permit to accordance ss'ith 44 NCAC 
344 Section 444H4 

(©) Roosev e lt Natural Afea [White Oak- 
R+Wf Basin, 4«4e* >tofr 20 36 0.5 (1) aw4 
20 36 9.5(2)| including aH- fresh ami saline 
waters ss'ithin toe prop e rly boundaries el 
toe natural t&ea wi44 have etoy new desel 
opment which compli e s with to© k>w- 
densitv option » toe stormsvater rules as 
specified i» 4^ NCAC 4H .1003(a)(2) 
within -545 fee4- ef to© Roosevelt Natural 
Ar e a ftf to© development sit© naturally 
drains to toe Roosevelt Natural Area). 
(1) Roosevelt Natural Area [White Oak River 
Basin, Index Nos. 20-.V- ( ).5-( 1 j and 
20-36-9. 5-(2)| including all fresh and saline 
waters within the property boundaries of 
the natural area will have only new devel- 
opment which complies with the low 
density option in the stormwater rules as 
specified in 15 NCAC 2U .1003(a)(2) 



44 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



within 575 feet of the Roosevelt Natural 
Area (if the development site naturally 
drains to the Roosevelt Natural Area'). 
(2) The following undesignated waterbodies 
that are tributary' to ORW designated 
segments shall comply with J_5 NCAC 2B 
.0216(c) in order to protect the designated 
waters as per 15 NCAC 2B .0203. How- 
ever, expansions of existing discharges to 
these segments will be allowed if there is 
no increase in pollutant loading. 
(A) Chattooga River (Little Tennessee 
River Basin and Savannah River Drainage 



Oil 
IQ 

021 
Oil 
On 



Area), 



North and South Fowler Creeks, 



Cireen and Norton Mill Creeks, 
Cane Creek, 



Ammons Branch, 



Glade Creek, and associated tributaries. 



Statutory Authority G.S. 143-214. 1 . 

.0218 EXEMPTIONS FROM SURFACE WATER 
QUALITY STANDARDS 

Variances from applicable standards, revisions 
to water quality standards or site-specific water 
quality standards may be granted by the com- 
mission on a case-by-case basis pursuant to 
General Statutes 143-21 5.3(e), 143-214.3 or 
143-214.1. A listing of existing variances will be 
maintained and made available to the public by 
the division. Exemptions established pursuant 
to this Rule will be reviewed as part of the 
Triennial Review of Water Quality Standards 
conducted pursuant to 40 CFR 131.10(g). 

Statutory Authority G.S. 143-214.1; 143-214.3; 
143-215.3(e). 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0301 CLASSIFICATIONS: GENERAL 

(a) Schedule of Classifications. The classifica- 
tions assigned to the waters of the State of North 
Carolina are set forth in the schedules of classi- 
fications and water quality standards assigned to 
the waters of the river basins of North Carolina, 
15 NCAC 2B .0302 to .0317 which are on file in 
the Office of the Attorney General of North 
Carolina. These classifications are based upon 
the existing or contemplated best usage of the 
various streams and segments of streams in the 
basin, as determined through studies and evalu- 
ations and the holding of public hearings for 
consideration of the classifications proposed. 

(b) Stream Names. The names of the streams 
listed in the schedules of assigned classifications 



were taken as far as possible from United States 
Geological Survey topographic maps. Where 
topographic maps were unavailable, U.S. Corps 
of Engineers maps, U.S. Department of Agricul- 
ture soil maps, and North Carolina highway 
maps were used for the selection of stream 
names. 

(c) Classifications. The classifications assigned 
to the waters of North Carolina are denoted by 
the letters WS-I, WS-II, WS-III, B, C, SA, SB, 
and SC in the column headed "class." A brief 
explanation of the "best usage" for which the 
waters in each class must be protected is given 
as follows: 



Fresh Waters 
Class WS-I: 



Class WS-II: 



Class WS-III: 



Class B: 



Class C: 



waters protected as 
water supplies which are in 
natural and uninhabited 
or predominantly undevel- 
oped (not urbanized) 
watersheds; no point 
source discharges are per- 
mitted and local land 
management programs to 
control nonpoint source 
pollution are required; 
suitable for all Class C 
uses; 

waters protected as 
water supplies which are in 
low to moderately devel- 
oped (urbanized) 
watersheds; discharges are 
restricted to primarily do- 
mestic wastewaters or in- 
dustrial non-process 
waters specifically ap- 
proved by the commission; 
local land management 
programs to control non- 
point source pollution are 
required; suitable for all 
Class C uses; 
water supply segment 
with no categorical re- 
strictions on watershed de- 
velopment or discharges; 
suitable for all Class C 
uses; 

primary' recreation 
and any other usage speci- 
fied by the "C" classifica- 
tion; 

fish and wildlife 
propagation, secondary' re- 
creation, agriculture, and 



NORTH CAROLINA REGISTER 



45 



PROPOSED RULES 



other uses requiring waters 
of lower quality. 



Tidal Salt Waters 



Class SA: 



Class SB: 
Class SC: 



shcllfishing for market 
purposes and any other 
usage specified by the 
"SB" and "SC" classifica- 
tion; 

primary' recreation and 
any other usage specified 
by the "SC" classification; 
fish and wildlife 
propagation, secondary re- 
creation, and other uses 
requiring waters of lower 
quality. 



Supplemental Classifications 



Trout Waters: 



Swamp Waters: 



NSW: 



HQW: 



Suitable for natural 
trout propagation and 
maintenance of stocked 
trout; 

Waters which have low 
velocities and other natural 
characteristics which are 
different from adjacent 
streams; 

Nutrient sensitive 
waters which require limi- 
tations on nutrient inputs; 
High Quality Waters 
which are streams that are 
rated as excellent based on 
biological and 

physical chemical charac- 
teristics through division 
monitoring or special 
studies, all native and spe- 



cial native trout waters 
(and their tributaries) des- 
ignated by the Wildlife 
Resources Commission, 



all primary nursery areas 
(PNA) designated by the 
Marine Fisheries Commis- 
sion and other functional 
nursery areas recognized 
by the Wildlife Resources 
Commission or other ap- 
propriate agencies, all wa- 
ter supply watersheds 
which are either classified 
as WS-I or WS-II or those 
for which a formal petition 
for reclassification as WS-I 



or WS-H has been received 
from the appropriate local 
government and accepted 
by the Divsion of Envi- 
ronmental Management 
and all Class SA waters. 



ORW: outstanding resource 

waters which are unique 
and special waters of ex- 
ceptional state or national 
recreational or ecological 
significance which require 
special protection to 
maintain existing uses. 

(d) Water Quality Standards. The water qual- 
ity standards applicable to each classification as- 
signed are those established in 15 NCAC 2B 
.0200, Classifications and Water Quality Stand- 
ards Applicable to the Surface Waters of North 
Carolina, as adopted by the North Carolina En- 
vironmental Management Commission. 

(e) Index Number. 

(1) Reading the Index Number. The index 
number appearing in the column so des- 
ignated is an identification number as- 
signed to each stream or segment of a 
stream, indicating the specific tributary 
progression between the main stem stream 
and the tributary stream. 

(2) Cross-Referencing the Index Number. 
The inclusion of the index number in the 
schedule is to provide an adequate cross 
reference between the classification sched- 
ules and an alphabetic list of streams. 

— (0 Classification Date. The classification date 

indicates the date on which enforcement of the 
provisions of Section 143-215.1 of the General 
Statutes of North Carolina became effective with 
reference to the classification assigned to the var- 
ious streams in North Carolina. 

(g) Reference. Copies of the schedules of 
classifications adopted and assigned to the waters 
of the various river basins may be obtained at no 
charge by writing to: 

Director 

Division of Environmental Management 

Department of Natural Resources 

and Community Development 

Post Office Box 27687 
Raleigh, North Carolina 27611 
(h) Places where the schedules may be in- 
spected: 

Division of State Library 

Archives — State Library Building 

109 E. Jones Street 

Raleigh, North Carolina. 

(i) Unnamed Streams. 



46 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) Any stream which is not named in the 
schedule of stream classifications carries 
the same classification as that assigned to 
the stream segment to which it is tributary 
except: 

(A) unnamed streams specifically described 
in the schedule of classifications; or 

(B) unnamed freshwaters tributary to tidal 
saltwaters will be classified "C"; or 

(C) after November 1, 1986, any newly 
created areas of tidal saltwater which are 
connected to Class SA waters by ap- 
proved dredging projects will be classified 
"SC" unless case-by-case reclassification 
proceedings are conducted. 

(2) The following river basins have different 
policies for unnamed streams entering 
other states or for specific areas of the 
basin: Iliwassee River Basin (Rule 
.0302); Little Tennessee River Basin and 
Savannah River Drainage Area (Rule 
.0303); French Broad River Basin (Rule 
.0304); Watauga River Basin (Rule .0305); 
Broad River Basin (Rule .0306); New 
River Basin (Rule .0307); Catawba River 
Basin (Rule .0308); Yadkin-Pee Dee 
River Basin (Rule .0309); Lumber River 
Basin (Rule .0310); Roanoke River Basin 
(Rule .0313); Tar-Pamlico River Basin 
(Rule .0316); Pasquotank River Basin 
(Rule .0317). 



1 he public hearing will be conducted at the times 
and places outlined below: 

May 8, 1989 

2:00 p.m. 

New Hanover County Library 

Wilmington 

7:30 p.m. 

Onslow County Courthouse 

Jacksonville 

May 9, 1989 

2:00 p.m. 

Joslyn Hall 

Carteret Community College 

Morehead 

May 10, 1989 

2:00 p.m. 

Beaufort Community College 

Washington 

May 11, 1989 

1:00 p.m. 

Civic Center 

Hatteras 

7:30 p.m. 

Chowan County Courthouse 

Edenton 



Statutory Authority G.S. 
143-215 .3(a)(1). 



143-214.1; 143-215.1; 



"k'k-k-k'k'k'k'k'k'k'k'k'k'k'k'k'k'k 



May 12, 1989 

7:00 p.m. 

Ground Floor Hearing Room 

Archdale Building 

Raleigh 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the N.C. Marine Fisheries Commis- 
sion intends to adopt rule(s) cited as 15 NCAC 
3B .0907, .1005 .1507; 3C .0212 - .0213, .0314; 
3G .0001 - .0011; amend nde(s) cited as 15 
NCAC 3 A .0001 - .0002; 3B .0/02, .0105, .0108 

- .0109, .0111, .0114, .0116 - .0117, .0201 - .0203, 
.0206 - .0207, .0301 - .0302, .0304 - .0310, .0401 

- .0404, .0408 - .04/0. .0413, .0501 - .0505, .0602, 
.0701 - .0702, .0801 - .0802, .0901 - .0906, .1001 

- .1004, .1101 - .1103, .1105 - .1/09; 3B .1111, 
.1201 - .1204, .1404 - .1408, .1501 - .1506, .1601 

- .1602, .1605; 3C .0203, .0206, .0209, .0304 - 
.0305, .0310 - .0312. 

1 he proposed effective date of this action is 
September 1, 1989. 



Business Session will be June I , 
Sheraton, New Bern, N.C. 



and 2 at the 



Cc 



■ omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearings. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission, P.O. Box 769, Morehead City, NC 
28557. These written and oral comments must 
be received no later than May 24, 1989. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3A - DIVISION RULES 

.0001 IDENTIFICATION INFORMATION 

(a) The division ef marino fiohorioo Marine 
Fisheries Division of the Department of Natural 
Resources and Community Development main- 



NORTH CAROLINA REGISTER 



47 



PROPOSED RULES 



tains its office headquarters i» Morehead Grty- at 
the Marine Fisheries Building, 3411 Arendell 
Street, Post Office Box 769, Morehead City, 
North Carolina 28557. Telephone (919) 

726-7021, or 1-800-682-2632, toll free in North 

is Division ef 
B o \ 



Carolina. T4h» mailing address 
'ishcrics, Pest Office 



M 



anile 



4&h 

Morehead City, North Carolina 27557. Field 
office 1 ; ' ! a?e located a+ 44& South Water Strr 
Fli/uheth Crtv, Xe ¥m& T e l e phon e (444} 
33!S 8351: Pest Oft** Be* 4444, Washington. 
^G 02$i4 Telephon e (444} 9 16 618 1; a«4 3335 
Wrightsvill e A-re^ Wilmington. ^€ 4844} Tele- 
phone (-£44+ 256 1511. 

(hi 1 Ii.' !■!■ t~ul ,ium is dv. ided Hilt'' tour 
management enforcement districts, each with a 
District Manager and a Distnct Operations Of- 
fice. The District Offices are: 

Ml Northern Distnct. Rt. 6. Box 203. 
Elizabeth City, NC 279Q9. ' Telephone 
(919) 264-3911, or 1-800-338-7805. toll 
free in North Carolina. 
[2] Pamlico District. Post Office Box 1507, 
Washington. NC 27SS9. Telephone (919) 
94f>-MM. or 1-800-338-7804. toll free in 
North Carolina. 

Post Office Box 769, 

Telephone 

1-800-682-2632. toll 



(3) Central Distnct. 
Morehead City. 



(919) 726-7021. 



NC 28557. 
or 



free in North Carolina. 
(4) Southern Distnct. 7225 Wrightsville .Ve- 
nue. Wilmington. NC 28403. clephone 
(919) 256-4541. or I-80Q-24S-4536, toll 
free in North Carolina. 



Statutory Authority G.S. 113-134: 150B-11. 

.0002 BASIC PURPOSE AND FUNCTION 
OF THE DIVISION 

(a) The division » rt* capacity as a» agency 
within (4+e Department e4 Natural Resources aert 
Community Development Division ot Marine 
Fisheries is charged with the stewardship of the 
marine and estuarine resources of the State of 
North Carolina A* such, it and is responsible for 
the maintenance ' , preservation, protection, a»4 
development management of all marine and 
estuarine fisheries resources. More specifically, 
the division is required te administer ae4 enforce 
art license requirements aftrt taxes as set eet i» 
Articl e 44 &f Chapter 4-14 ef- trte North Carolina 
General Statutes te promulgate rules aert regu 
lations governing coastal fisheri e s aert enforc e 
them, te develop a«4 improve trte cultivation, 
harvesting. a«4 marlceting ef oysters a»4 clams 
m- North Carolina. This responsibility includes 
the administration and enforcement of all statutes 
and rules governing commercial and recreational 



fishing in coastal waters, the development and 
improvement of the cultivation and harvesting 
of shellfish, and submerged land claims in North 
Carolina. 
(b) In its constant effort to meet its obligations, 
the division Division of Marine Fisheries admin- 
isters programs in commercial and recreational 
fisheries management and enforcement, applied 
research and monitoring, fisheries statistics, 
shellfish rehabilitation, bottom leasing, sub- 
merged land claims, and information and educa- 
tion, aert sport fishing. 

Statutory Authority G.S. 113-134; 150B-11. 

SUBCHAPTER 3B - FISHERIES REGULATIONS 
FOR COASTAL WATERS 

SECTION .0100 - GENERAL REGULATIONS 

.0102 DEFINITIONS 

(a) Except as otherwise provided in these reg- 
ulations, all definitions set out in Subchapter IV 
of Chapter 1 1 3 of the General Statutes apply in 
these regulations. 

(b) The following additional terms are hereby 
defined: 

(1) Commercial Fishing Equipment. All 
fishing equipment used in coastal fishing 
waters except: 

(A) seines less than 12 feet in length, 

(B) spears, 

(C) a dip net having a handle not more than 
eight feet in length and a hoop or frame 
to which the net is attached not exceeding 
60 inches along the outer perimeter, 

(D) hook-and-line and bait-and-line equip- 
ment other than multiple-hook or 
multiple-bait trotline, 

(E) a landing net used to assist in taking fish 
when the initial and primary method of 
taking is by the use of hook and lines; 

(F) Cast Nets. 

(2) Fixed or stationary net is a net anchored 
or staked to the bottom, or some structure 
attached to the bottom, at both ends of 
the net; 

(3) Mesh Length. The diagonal distance 
from the inside of one knot to the outside 
of the other knot, when the net is 
stretched hand-tight; 

(4) Possess. Any actual or constructive 
holding whether under claim of ownership 
or not; 

(5) Transport. Ship, earn', or cause to be 
carried or moved by public or private 
carrier by land, sea, or air; 

(6) Use. Employ, set, operate, or permit to 
be operated or employed; 



48 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



{2} Anchor G41 Netr A net- anchored to toe 
bottom, whil e rts e»pk- fee is submerged 
aprd Ret- visible e« toe surfac e ; alse- re- 
ferred to as a "sink" nett 

(#H7) Purse Gill Net. Any gill net used to 
encircle fish when the net is closed by the 
use of a purse line through rings located 
along the top or bottom line or elsewhere 
on such net; 

f&H8) Internal Coastal Waters or Internal 
Waters. All coastal fishing waters except 
the Atlantic Ocean. 

fWK9) Channel Net - a net used to take 
shrimp which is anchored or attached to 
the bottom at both ends or with one end 
anchored or attached to the bottom and 
the other end attached to a boat. 

(-14- K 10) Toothed Dredge - a device towed by 
engine power consisting of a frame, tooth 
bar or smooth bar, and catchbag used in 
the harvest of oysters, clams, crabs, 
scallops, or conchs. oyst e r, clam e* e*ab 
fisheries: 

(44^ (1 1) Mechanical methods for clamming - 
includes, but not limited to, toothed 
dredges, hydraulic clam dredges, stick 
rakes and other rakes when towed by en- 
gine power, patent tongs, kicking with 
propellers and or deflector plates with or 
without trawls, and any other method that 
utilizes mechanical or hydraulic power to 
harvest clams. 

Mechanical methods for ovstering -_ in- 
cludes, but not limited to, dredges, patent 
tongs, stick rakes and other rakes when 
towed bv engine power and any other 
method that utilizes mechanical means to 
harvest ovsters. 



(c) Sea scallop minimum size and tolerance 
limits are presented in J_5 NCAC 3B .1005. 

(d) Qvster minimum size, creel, and tolerance 
limits are presented in J_5 NCAC 3B .1100. 



(13) Depuration - purification or the removal 
of adulteration from live oysters, clams, 
and mussels by any natural or artificially 
controlled means. 

(14) Peeler Crab - a blue crab that has a soft 
shell developing under a hard shell and 
having a definite pink, white, or red line 
or rim on the outer edge of the back fin 
or flipper. 

Statutory Authority G.S. 113-134; 143B-289.4. 

.0105 LEGAL SIZES AND CREEL LIMITS 

(a) Legal swes a«4 creel limits fop striped bass 
afe found to -14 NCAC ^R .1500. Crab mini- 
mum size and tolerance limits are presented in 
15 NCAC 3B .0800. 

I b ) ( 'lam minimum si/c and creel limits are 
presented in 15 NCAC 3B .0900. 



(e) The lobster minimum size limit is presented 
in 15 NCAC 3B .1200. 

(f) Striped bass legal sizes and creel limits are 
presented in 15 NCAC 3B .1500 and 3P .0100. 

(e) (b} Channel Bass Red Drum 

(1) Ne person shall take, attempt to take, 
harm, possess, ©f retain m possession It 
i_s unlawtul to take or possess more than 
two channel bass red drum exceeding 32 
inches in length in any one day. 

(2) It shall be is unlawful to take, attempt to 
take, harm, possess ep retain » possession 
red drum less than 14 inches in length. 

(3) ->to person shall It is unlawful to remove 

channel bass red drum from any type of 
net with the aid of any boat hook, gaff, 
spear, gig, or similar device. 

(4) The Fisheries Director, based upon pea- 
sonable a«4 prudent management el H*a- 
rifte aft4 estuarin e resources, may by 
proclamation impose any or all of the 
following additional restrictions on the 
taking of red drum: » addition to those 
specifi e d » (&) (4-h ^ a**! fe-} el tots 
Rate* 

(A) Specify areas. 

(B) Specify seasons. 

(C) Specify quantity. 

(D) Specify means/method. 

(E) Specify size. 

(e) (hj It shall be is unlawful top a»y person to 
land or possess aboard a vessel any striped bass, 
channel bass, red drum, spotted seatrout or 
flounder mutilated to the extent that accurate 
length measurements cannot be made. 

(4f (i) h is unlawful for ^ve- individual individ- 
uals claiming exemption from the oyster, scallop 
and clam license required by G.S. 113-1 54(a) by 
reason el non commercial taking el oysters 



scallops, a«4 clams, may to take from coastal 



fishing waters or possess more than the quantities 
specified in G.S. 11 3- 152(f). 

f44 e«e bushel el oysters pep person pep 4ay-r 
Ptet- to o)icoed t-we- bushels pef vessel pet 

(-2) one half bush e l el scallops pep person pep 
day-r PH+t- to exceed e«e bushel pep vess e l 

/ I \ j-* r% i-i \-\ i m,If,^,l Q 1 r-i r-t-i c- t-\.-\f »-. . >■»-■ Q n r -\ ■ if I 1 j i 1 I "■">♦ 
, J' J \Jl PB rTTTTTTTTT?TT t"1 ll I I I B L™1 I '\.'l ^\.' 1 1 1 *VT UTJ J , 1 11J I 

to exceed to^e- hundred clams pep vess e l 

(e) (]} It shall be is unlawful to possess flounder 
less than 13 inches in length. 



NORTH CAROLINA REGISTER 



49 



PROPOSED RULES 



(k) It is unlawful to possess spotted seatrout 
(speckled trout) less than 12 inches in length. 

ffy (jj It shall be is unlawful to possess aboard 
or land from a vessel, or combination of vessels 
that form a single operation, more than 3,500 
pounds of Spanish or King Mackerel, in the ag- 
gregate, in any one day. The Fisheries Director, 
may by proclamation, impose any or all of the 
following restrictions on the taking of Spanish 
and/or King Mackerel: 

( 1 ) Specify areas. 

(2) Specify seasons. 

(3) Specify quantity. 

(4) Specify means/method. 

(5) Specify size. 

Any proclamation prepared under this authority 
must be approved by the Marino Fisheries 
Commission prior te issuance. 

(m) Inland game fish, except spotted sea trout, 
taken incidental to any licensed commercial fish- 
ing operation may be retained to the extent per- 
mitted b\ regulations of the Wildlife Resources 
Commission. 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2S9.4. 

.0108 INTRODUCTION OF EXOTICS 

r"v» person shall It is unlawful to introduce into 
the waters of the state, any live aquatic animal 
or live aquatic plant, not native to the immediate 
water area concerned, without fust obtaining a 
permit from the Fisheries Director. This prohi- 
bition shall include but not be limited to piranha 
and walking catfish (Clarias batrachus). 

Statutory Authority G.S. 113-134; 113-182; 
143D-289.4. 

.0109 OCEAN FISHING PIERS 

(a) It shall be is unlawful to fish with nets of 
any kind or from boats within the zone adjacent 
to any ocean fishing pier meeting the require- 
ments of G.S. 1 13- 185(a), if such zone is marked 
by one of the following methods or a combina- 
tion of methods: 

Yellow range poles Bf other beach mark 
ef*r at least three inches in diameter and 
extending not less than six feet above the 
surface of the ground, and which are par- 
allel to the pier and identified by signs 
with the name of the pier printed in letters 
at least three inches high; or 
Buoys, which shall be yellow in color and 
not less than nine inches in diameter and 
extend no less than three feet above the 
surface of the water. 



(1) 



(2) 



(b) r^e marking oystem shall It is unlawful to 
define a zone that extends more than 750 feet 
from the pier. When a marking system defines 
a smaller area than authorized, the limitations on 
fishing activities shall apply within the marked 
zone. When the marking system does not in- 
clude buoys placed seaward of the pier's offshore 
end, the zone protected under G.S. 1 13-185 shall 
be limited to the areas parallel to the sides of the 
pier and shall include no area seaward of the off- 
shore end of the pier. 

(c) Owners of qualifying ocean piers shall be 
responsible for complying with all applicable lo- 
cal, state and federal regulations for marking sys- 
tems. 



Statutory Authority G.S. 113-134; 
1/3-/82; 143B-289A. 



1 13-181; 



.01 1 1 ARTIFICIAL REEFS AND RESEARCH 
SANCTUARIES 

(a) The Fisheries Director may clos e e* restrict 
by proclamation asy coastal fishing waters with 
r e sp e ct to t along ef attempting te take a»y »f aJi 
kinds b! marine ef ostuanno resources an4 with 
respect t» using afty kind ©f equipm e nt. Such 
closing of restriction shall be m the discretion ef 
the Fisheries Director &h4 shall be based »» 
overall public interest &&4 prudent fisheries 
management »ft4 research, may, bv proclama- 



tion, 



III 



ihibit or restrict the taking of fish and the 



use of any equipment in and around any artificial 
reef or research sanctuary. Any closure or re- 
striction ^s subject to the following conditions: 

\ C J I III T DR r .'II T7T "T I V \~X I II. IH.'Il I '! ^ f 1_ IUI 1 1 ^.^J I' T 1 1 IV 

fisheries Director under Subs e ction fa} »f this 
Rule » subject to the following conditions: 

(1) Artificial reefs i» the Atlantic Ocean shall 
we+ be closed e* restrict e d under th» 
Regulation beyond 1 000 yards a«4 artifi 
eiaJ r e efs i» the inside , coastal fishing wa- 
tefs shall net- be closed ef r e strict e d under 
this Regulation beyond £QQ yards, shall 
not be closed or restricted bevond 500 
yards in the Atlantic Ocean or 250 yards 
in internal coastal waters. Artificial reefs 
shall be marked as near center as feasible 
by one readily identifiable official buoy by 
the department and a»y distances called 
fef i» this Regulation for closures or re- 
strictions shall be measured from such 
buoy. 

(2) Any closure or restriction shall be for no 
more than one year, subject to renewal in 
the discretion of the commission. 
Fisheries Director. 

(3) The economic effect of the closure or re- 
striction on fishing interests with respect 



50 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



to the size and location of the area and the 
nature of the equipment affected shall be 
considered before such closure is made 
and findings shall be made in writing 
which findings shall be available for public 
inspection at the office of division of ma- 
rine fisheries in Morchead City. 
(44 4he proclamation must be approved by 
the Marin e Fi '. horioti Commission at- their 
ne*t- official meeting e* eke ft is automat 
ically void. 
(©) (b) It shall be is unlawful to engage in any 
fishing activity, e* to use any equipment, or to 
conduct any other operation which has been 
prohibited by any- proclamation issued under toe 
this authority, ef- the; Regulation. 



turtl e sanctuary within the described afea ef this 
Rule afi4 vefy implem e ntation between those 
dates fof the protection ef the 6ea turtl e popu 
lation. 

It is unlawful to use any commercial fishing 
equipment in the sea turtle sanctuary located hi 
the Atlantic Ocean adjacent to Onslow County 
as described in J_5 NCAC 3G .0001 from June J_ 
through August 31, except that the Fisheries Di- 
rector may, by proclamation, modify the sanctu- 
ary within the described area and vary 
implementation between specified dates for the 
protection of the sea turtle population. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 1 43 B- 289. 4. 



Statutory Authority G.S. 113-134; 
113-182; 143B-289.4. 



113-181; 



.0114 SEA TURTLE SANCTUARY 

T t-i 'i «a QJ2CLQ ' 3 I iIta.Uiii.' f j-> 1 ui t 1 • ruTi'lfn'nil h\.' la I 1 f ) j> 
111 CTTT lit \Ttt XTT \ f\ I'll F W \ ' ^ 'FJI n *T LIll IV..' -'UU v.'_t CT 1 1 1 i »-■ , 

beginning at- the easternmost e»4 ef Hammocks 
Beaeb (Bear Island) at- 44^ Z&+ X - TP- ft* W-? 
awl running southeastward 1,000 feet- offshore 
toward the Boguo tolet- Bell ftwy- fBW- "BI"); 
thenc e continuing southwest 1 ,000 feet- offshore 
parallel with the ocean shoreline ef Bear Island 
toapetft t. 44^424- N - 4* 144^ W- whete s*i4 
hue intersects the northeastern edge ef that- re- 
stricted i'one between Hear athi Browns Inlets, 
designated a* part ef the ('amp I Ojouno restricted 
area; thence seaward along the boundary ef the* 
restricted i'.ono to a point 44- 36.7' -N- - 47- 09.8' 
Wy sai4 point being about 4^4 mile 44* Xi from 
the wostern eft4 ef Bear Island; thence from sei4 
point southwest across the restricted aon e to a 
peHrt 44^ 4er44 N- - 4* 44^ W where sakl h«e 
intersects the southwestern boundary el the Fe- 
otrictod aono, thenc e shoreward with the south 
wostern boundary ef the restricted i'one to a 
point ef-f the mouth ef Brown's Inlet 44^ 35.6' 
&-&£. 444^ Wt sat4 pee* bemg about 1444> feet- 
offshore ef the w e stern shore ef Brown's Inlet; 
thence southwest parall e l with the oc e an 
shoreline 1,000 feet- offshore to a point 44°- 3'1.7' 
N - ¥£• 144- Wr sakl peiftt- bemg about -k440 feet- 
151° M from the northernmost observation 
tower e» Onslow B e ach; thenco running south 
ea^ 444^ M to a pemt- 44°- 4h* N- - ?* 44* 
Wf sai4 point being about 44 sale offshore; 
thence running southwest to the New Riser Inlet 
Bell Buoy fBW- "NR"); thenco free* seel beey- 
to the southernmost tip ef Onslow Beach 44^- 
4f4^ X - 74°- 344^ Wy Hft person 4*41 ese any- 
commercial fishing equipment from Juno 4- 
through August 44-r except that- the Fisheries £)i- 
r e ctor, may by proclamation modify the see 



.0116 SHIPPING AND TRANSPORTING 
SEAFOOD 

(a) Dealer shall furnish, with oach shipment ef 
soafood, a biH ef consignmont (blU ef lading) 
showing th e reon the namo ef the consignee, 
name ef the shipp e r, the de^ ef shipment aft4 
the quantity ef e ach product shipped. Jft the 
event the fishermaft t airing the seafood is ake a 
fkb dealer all records ef bftk ef consignment afe 
to be recorded at- the point ef landing. It is un- 
lawful to ship seafood without having ready at 
hand a biU of consignment (bill of lading) pro- 
vided by the shipping dealer showing thereon the 
name of the consignee, name of the shipper, the 
date of the shipment, and the quantity of each 
product shipped. In the event the fisherman 
taking the seafood is also a dealer and ships from 
the point of landing, all records of bills of 
consignment shall be recorded at the point of 
landing. 

(b) Fishermen who transport their catch to li- 
censed dealers are not required to abide by this 
Regulation. Rule. 

Statutory Authority G.S. 113-134; 113-/82; 
143B-289.4. 

.0117 MILITARY RESTRICTED AREAS 

(a) Pursuant to Title 31 United States Code 
Section 3, the United States Corps of Engineers 
has adopted regulations which restrict access to 
and activities within certain areas of coastal and 
inland fishing waters. The designated areas are 
used for military training which may include 
bombing with live ordnance. Fishermen who 
enter and fish within the areas should follow 
Federal Regulations to avoid exposure to 
undetonated ordnance, fragments from exploding 
ordnance and other dangerous activities. Federal 
law provides substantial penalties for violations 
of the federal regulations. 



NORTH CAROLINA REGISTER 



51 



PROPOSED RULES 



(b) The designated areas arc shown on naviga- 
tional charts and specifically described in the 
Coastal Pilot and the Code of Federal Regu- 
lations (CFR). The following descriptions in 15 
NC AC 3G .0002(a) show the general location of 
each such area, the Federal Regulation specif- 
ically describing the areas, the Federal Regu- 
lations stating the limitations on access to and 
use of each such area, and the designated military 
authority to contact for information about per- 
mits and, or for access to each such area. 
(-44 Currituck Sound: 

(A4 North landing River; afi4 
(434 Northern p«ft el Currituck Sound (See 
XX OF-& 344444 44 (44 m& (a) (3fc Gee- 
taet Commander fleet A+f Norfolk); 
(44 Albemarle Sound: 

(-A+ Along north shore at the easternmost 

t+p ef 1 Ian ey Point; ttft4 
(4*4 Alonu south shore ef Albemarl e South 
(See XX Qi^r .111. . 110 (4» (-H a++4 (44 (4* 
Contact Commander Fleet A+f Norfolk); 
t-34 Pamlico Sound: 

(-A+ 4++ the vicinity ef long Shoal (See 34 
p£R- 331, 110 (e-K Contact Commander 
fleet A+f NorfoUc); 
f444 fe the vicinity ef Brant Island (See 34 
4444 33 ' FU0" 4++ (4^ Contact 
Commander Marine Corp A+f Bases. 
Fast. Cherry Point ); a++4 
(44 I» the vicinity el Piney Island including 
waters ef Rattan Bay. Cedar Bay- a&4 
Tumagain Bay (See 34 C444, 334 ' 120 4>4 
(Contact Command e r Marin e Corps A+f 
Bases, Fast . Cherry Point); 
(4+ Neuse River a«4 tributaries, t4+at portion 
ef Neuso River within 404 feet ©I the 



the reservation ef the Marine 
Cherry Point; North 



shor e alonu 
Corps A+f Station. 
Carolina, ext e nding from the mouth ef 
I lancock Creek te a point approximately 
6.000 feet west el the mouth ef Slocum 
Creek. a++4 a4 wat e rs of I lancock at+e 
Slocum Creeks a++4 their tributanes within 
the boundaries el the reservations (See 34 
CFR 331.130 (a)f contact Commanding 
General, Fnited States Marin e Corps A+f 
Station, Cherry Point); 

(4} Atlantic Ocean: 

(A+ 4++ the vicinity ef Bear Inlet; a++4 
(44) Fast of Xevr Riv e r h4et 

(See 34 C444 )} ■ ],] > 10 4a4 a++4 (4fr Contact 
Commanding (jeneral. Marine Corps 
Base, Camp I ejeune); 

(4)- Brown's Inlet a+ea between B e ar Creek. 
On -. low Beach Bridge af+4 the Atlantic 
Ocean (See 34 444 ^331.110 (e+t Contact 



Commanding General, Marino Corps 

Bas e , Camp Ix>jouno); 
(?) New River within eight sections; 
(A) Trap 43ay Sootor, 
(43} Courthouse ftay S e ctor, 
(44 Stone 43ay Sector, 
(44} Ston e Crook Sector, 
(E) Grey Point Soctor, 
(4-4, Famoll 44ay Soctor, 
(£»} Morgan 43ay Soctor, an4 
(444 Jacksonville S e ctor 

(See 34 QXWr 331.110 (tft Contact Cem- 

manding Gen e ral, Marino Corps Base, 

Camp Iojouno); 

/ V \ f ,- inn I 'ivir B * l tag a * 1 ■ » uiacl s~* t tk^ »-*-» •■».«-» ekm 
\""7 v^t*jjv 1 llii 1 v 1 il'i uur wi^ti trr iim? 11 lull t yllllJ 

oia in 11*^1 i 1 ! vt f^fifiififT ' r T" T * C* Coaei / - ■ > ■ • »•■ 1 

t'MUl II l\_'I mm ITJIITE, rTT^TTT T^ p . 19 . CTTltTTt ^TttTXTTT 

Buoy 4^er 44A at the north approach 
channel te Sunny Point Terminal to- L ' .S. 
Coast Guard Buoy 44* 43A at the south 
approach channel te Sunny Point rVrmy 
Terminal a»4 a+4 waters of it* tnbutarioo 
th e r e in (See 43 C44R- 33T450 (a4. Contact 

I j-> r~i~\ ni 'i n n k~\r S 1 1 1 ^ 1 \ \ 1 L2q «»♦ \ « , . 1 I ,-*»-t-»-i inil 

" — ciiiiu *-tl IOVI 1 UUlllI T I VU II rTTTTt I CI RTHTUI' 

Southport). 

(c) The Brant Island Range in Pamlico Sound 
has been used for live bomb delivery training fof 
more than thirty years since World War H and 
continues to be used for such training. Military 
safety studies confirm that the area adjacent to 
the target has many undetonated ordnances on 
the bottom. Because of the accompanying haz- 
ards, fishermen are strongly advised to restrict 
fishing activities within the Brant Island range, 
as follows: 

(44 fishermen afe advised against all fishing 
activities a++4 navigation within a circular 
area w4th a radius ef 1,000 yards having 
it* center e» the southern 444 ef Brant 
Island at latitude 44^ 4-£- 34^ -N- - longitude 

I M *|^^^^^^^i t^^^i ^^^^^ ^^i tfm 1 L^*4^^^» ] 1 1 H b ' 1 I ' I 1 I 

^^tt ^Tm^^r ttt^? trr^7 \^r rrtn^ r^^^^^^ ^^^^^^^ ^^t^^^t 

seines, dredges em4 oth e r similar fishing 
apparatus ea» disturb ef rais e 
undetonated ordnances, fishermen afe ad- 
vis e d f+ot to utilii'. e such fishing apparatus 
within a radius of 1,500 yards having its 
contor oft the southern s*4e ef Brant 4s- 
k±«4 at latitude 344 44^ 34^ rV - longitud e 
%^4^30^U4 

(d) Because of the types of military' training at 
the Piney Island range in Pamlico Sound, fisher- 
men are strongly advised not to use fixed gear 
including, but not limited to, pots, pound nets, 
and gill nets in the area described in j_5 NCAC 
3G .0002(b). Rattan 43ay southeast ef a ht+e he- 
ginning at a ee+ftt 342-04-4444r-54i4^40^ 
W+ running 44^ 44 te a petf+t 444 43^ 48^ 4^ - 



52 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority 
113-182; MSB- 289. 4. 



G.S. 113-134; 113-181; 



SECTION .0200 - LICENSES 

.0201 LICENSE AGENTS 

(d) Ne person who has boon appointed a divi 
ftMMt It is unlawful for a Division appointed li- 
cense agent or any other person who is acting in 
such agent's behalf shall : to: 

( 1) withhold or misappropriate funds from the 
sale of licenses; 

(2) falsify records of licenses sold; 

(3) willfully and knowingly assist or allow a 
person to obtain a license for which he is 
ineligible; 

(4) willfully issue a backdated license; 

(5) willfully on records or licenses to include 
false information or omit material infor- 
mation as to: 

(A) a person's entitlement to a particular 
license; or 

(B) the applicability or term of a particular 
license; 

(6) refuse to return all consigned licenses, or 
to remit the net value of consigned li- 
censes sold or unaccounted for upon de- 
mand from an authorized employee of the 
division. 



Statutory Authority G.S. 
113-151. 1; 143B-289.4. 



1/3-/34; 113-151; 



.0202 DEALER'S AND OCEAN PIER 
LICENSE DISPLAY 

fa} Any dealer's license required by G.S. 
113 156 shall be displayed m a prominent place 
i» each locution subject to license. 

fb) Any ocean pi« license required by G.S. 
113 1 56. 1 shall be displayed i» a promin e nt plac e 
to each location subject to licens e . 

It is unlawful to fail to display any dealer's fi; 
censes required by G.S. 113-1 56 and ocean pier 
license required by G.S. 1 13- 156. 1 in prominent 
public view in each location subject to licensing. 



Statutory Authority 
143B-289.4. 



G.S. 1/3-/34; 113-151; 



receipt &f other ovidenco ef purchaso ef such li- 

s~-i~t.w-\ r-e-i tnr 4 t-i n * K ,-l »-\ r>\ 1 w~mnt ^^i^j- t j-t «■ ♦ \i jl t -,-..- i- ■ » I 

CTTTTWW IUI tllC 1 1 1 VI 1 mj I I \- 1 1 1 J VTAI j ITTT 1 1 HS I L'-Kt I 

conoorned. The display of any license decal other 
than the e«e current decal issued for the vessel 
displaying it is prohibited. 

(b) The person in charge of a vessel must have 
ready at hand for inspection the current license 
receipt for the vessel concerned. 

fb) (cj Lost license decals may be replaced by 
the secretary upon evidence that- a current license 

^^^C I »''» \ l \ l 1 i \\ J 1 \ *"• I I I 'ft \{ \ W ll *~t< I ll a ;' ll tM lrfihni'i-i. , l m-nl 

payment of a fee of fifty cents ($0.50) and sub- 
mission of evidence to the Division of Marine 
Fisheries that a current license for the vessel in 
question has been purchased. 

Statutory Authority G.S. 113-134; 113-151; 
113-152; I43B-289.4. 

.0206 SURRENDER OF LICENSES 

Alt e r personal s e rvic e »f notic e »f suspension 
ef revocation ef- license upon afty lic e ns e e to ae- 
oordanco witfe G.S. 1 13 166(d), fte lic e nse e se- 
served shall It is unlawful for any licensee to re- 
fuse to surrender to an agent of the secretary 
when directed to *to se all license certificates, li- 
cense receipts, license decals, and other forms and 
records relating to the license following personal 
service of notice of suspension or revocation of 
licenses in accordance with G.S. 1 13- 166(d). to. 
addition, awy certificates, receipts, decals, forms, 
Bf records required to be surrendered which a?e 
to the custody ©f possession »f oomoono other 
than toe licensee shall ake be subject to ourron 
def upon demand. N» person, who is to pos 
session &f custody It^ is unlawful for any person 
in custody or possession of any such certificate, 
receipt, decal, form, or record required to be 
surrendered shall to refuse to surrender toe same 
to toe an agent of the secretary making such de- 
mand. 



Statutory Authority G.S. 
113-166; 143B-289.4. 



113-134; 113-151; 



.0203 VESSEL LICENSE 

(a) Any vessel required to be licensed under the 
provisions of G.S. 113-152 shall carry a current 
license decal mounted on an exterior surface or 
in the rigging so as to be plainly visible at all 
times when anyone is approaching the vessel 
from its port side. a«4 as close to amidships a* 
may be f e asibl e . Tbe person to charge »f such 
vessel Htttst be aWe to produce a vessel license .0301 FIXED OR STATIONARY NETS 



.0207 SALE OF FISH 

It shall be is unlawful to* afty person to offer for 
sale fish purchased from a licensed dealer without 
having ready at hand a receipt or bill of purchase 
to verify the purchase of said fish. 

Statutory Authority G.S. 113-134; 113-151; 
113-156; I43B-289.4. 

SECTION .0300 - iSET REGULATIONS: 
GENERAL 



NORTH CAROLINA REGISTER 



53 



PROPOSED RULES 



Xh- h is unlawful to use or set fixed or station- 
ary nets: m**y be «*e4 b* 8*4^ 

(1) In the channel of the Intracoastal Waterway 
or in any other location where it may con- 
stitute a hazard to navigation; 

(2) So as to block more than two-thirds of any 
natural or man-made waterway, sound, bay, 
creek, inlet or any other body of water; 

(3) In the middle third of any marked naviga- 
tion channel; 

(4) In the channel third of the following rivers: 
Roanoke, Cashie, Middle, Fastmost, 
Chowan, Little, Perquimans, Pasquotank, 
North, Alligator, Pungo, Pamlico, and 
Yeopim. 

Statutory Authority G.S. I 13-134; 1 13- 1 82; 
143B-2S9.4. 

.0302 NETS OR NET STAKES 

It ■ • ■ hall be is unlawful to use nets or net stakes: 

( 1 ) Within 1 50 yards of railroad or highway 
bridge crossing the Northeast Cape Fear 
River, New River, White Oak River, Trent 
River, Neuse River, Pamlico River, 
Roanoke River, and Alligator River; 

(2) Within 300 yards of any railroad &? highway 
bridge crossing Albemarle Sound, Chowan 
Riser, Croatan Sound, Currituck Sound, 
and Roanoke Sound; 

(3) If such net stakes are of metal material. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0304 GILL NETS 

It ■■ hull be is unlawful to use gill nets: 

( 1 ) Within a distance of 200 yards of any pound 
net which is in use except in Chowan River 
as set out in Rule 15 NCAC 3B .0403(6). 

(2) With a mesh length less than two and one- 
half inches in any of the coastal fishing wa- 
ters except: 

(a) The Atlantic Ocean; 

(b) Drift gill nets used in Roanoke River as 
set out in Rule .0409. 

(3) Within 100 feet either side of center line of 
the Intracoastal Waterway Channel south 
of Ae I lighway 44 Bridge at- Ilobucken; 
Quick I lasher No. 54 in Alligator River at 
the southern entrance to the Intracoastal 
Waterway to the South Carolina line, unless 
such net is used in accordance with the fol- 
lowing conditions: 

(a) No more than two gill nets per boat may 
be used at any one time; and 

(b) Any net used must be attended by the 
fisherman from a boat who shall at no 



time be more than 100 yards from either 
net; and 
(c) Any individual setting such nets shall re- 
move them, when necessary, in sufficient 
time to permit unrestricted boat naviga- 
tion. 

(4) March 1 through October 31 in the Intra- 
coastal Waterway within 150 yards of any 
railroad or highway bridge. 

(5) In internal coastal fishing waters, unless 
such net is marked by attaching to it at each 
end two separate yellow buoys which shall 
be of solid foam or other solid buoyant ma- 
terial no less than five inches in diameter and 
no less than five inches in length. Gill nets 
which are not connected together at the top 
line shall be considered as individual nets, 
requiring two buoys at the end of each indi- 
vidual net. Gill nets connected together at 
the top line shall be considered as a contin- 
uous net requiring two buoys at each end 
of the continuous net. Any other marking 
buoys on gill nets shall be yellow except for 
one additional identification buoy of any 
color or any combination of colors may be 
used at either or both ends. The owner shall 
always be identified on a buoy on each end 
either by using engraved buoys or by at- 
taching engraved metal or plastic tags to the 
buoys. Such identification shall include one 
of the following: 

(a) owner's N.C. motor boat registration 
number, or 

(b) owner's U.S. vessel documentation name, 
or 

(c) owner's last name and initials. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-289.4. 

.0305 TRAWL NETS 
It shall be is unlawful to use trawl nets: 
(1) For the taking of finfish in eaw ef tbe 
internal eoar . tal fishing waters, ef- tbe state; 
provided that it shall be permissible to take 
or possess finfish incidental to crab or 
shrimp trawling in accordance with the fol- 
lowing limitations: 
(a) No person shall hav e m possession It is 
unlawful to possess aboard a vessel while 
using a trawl in internal waters more than 
1,000 pounds of finfish except a* herein 
allowed »f provided. 
(4*i Flounder flounder of legal size may be 
taken and possessed without limit in 
quantity in internal waters while engaged 
in crab trawling. 



54 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(bl 



(£1 



Minimum mesh sizes for shrimp and crab 
trawls are presented in ]_5 NCAC 3B 

.07(11 and .0801. 



The Fisheries Director may, by proclama- 
tion, close any area to trawling for a spe- 
cific time period periods in order to secure 
compliance of this Rule. 

(2) For the taking of oysters; 

(3) In a»y tributaries ef Albemarle Sound and 
its tributaries; 

(4) i» Albemarl e Sound; 

(4) (4} In that area south of Shackleford Banks 
which is east- ef a l«*e which begins at- the 
navigation ai4 (buoy e* beacon) at toe 
westward e«4 »f toe Capo Lookout 
westernmost jetty- an4 running thence N 04^ 
44^ ft degrees 4M4 to toe Markers' Island 
water tower; 44*e e xcluded afea includes all- 

s-\ i f^jj^^ I ni-il/iiii^ Uinht th'it iifii^i i i . ■ ■ ♦ f\J f \~i t \ 

Bight bto east- ef toe fee abov e that portion 
e4" Bardens Inlet which lie* south west ward 
ef a Itoe which begins at toe Capo Lookout 
Lighthouse a«4 runs -N- 3££ 4-5^ W degrees 
fM4 to toe southern eft4 ef Shacldcford 
Banks; as described in J_5 NCAC 3G 
.0003(a). 
(44 itt l'amlioo Sound, beginning at a point e4^ 
0^e^N--5^ 2&- ^ W- at toe elevation 
ef mean high water e» C e dar Island Beach; 
thence »» a bearing frf ©<i^ (-M-f 1.750 yards 
through marker Q4v F-4- G 34 feet to a point 
3,$iQ2:4%i±l-J4£2&$^W-m Pamlico 
Sound, thence »» a bearing ef 4-34£ (M), 
12,300 yafd* toapemt *^ 0^ 44^ N - 54^ 
4-P W4^ W- m- Pamlico Sound; thence e>» a 
bearing »f 34££ (M) 4v4©Q yatos to a peito 
IS Ott OS" ii _ 76 ° J_ll S V' HZ ai to» o la 

vation »£ mean high water e» Cedar Island 
Beach; thence westwardly along toe ele- 
vation »f mean high water a»4 across toe 
mouth eA a«y intervening guts, inlets, a«4 
creeks which may be encountered to toe 
point ef beginning. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-2894. 

.0306 PURSE SEINES AND PURSE GILL 
NETS 

(a) Purse Seines. Xe- It is unlawful to use purse 
seines may be used except for the taking of 
menhaden or Atlantic thread herring, provided 
that »» person shall It is unlawful to land from 
a vessel licensed for menhaden fishing a»y 
foodfish in excess of one percent of the total 
amount of fish on board, ws# shall a»y person 
or to land foodfish from any vessel taking fish 
with the aid of a purse seine. In determining 



whether the portion of foodfish exceeds one per- 
cent of the total fish on board, the Fisheries Di- 
rector or his agents are authorized and 
empowered to grade any portion of the total 
catch on board. In selecting the size of the por- 
tion for the determination of the amount of 
foodfish present, the portion shall be no less than 
an amount required to fill a standard five-gallon 
container for each 100,000 fish on board. 

(b) 4t shall be unlawful to take e* attempt to 
take menhaden ef Atlantic thread herring by use 
b$ a purs e sein e e* to possess monhadon e* 
Atlantic throad herring talton by- »se ef a purse 

. i \i i 1 , ^ l U i'i U il I t i n il t f ♦■•»■' i \ « •»! iti IifViinii raAr«n i i rVi ■ i -t-t 
DC] Rv L'JU-Vl' I U U 1 11 1 1 11 l\J "I *\JW I rT^Tn^TBT OWCR^TTT IT 1 II L. 1 1 

shall be from May 44 through January 44 e xcept 
toat toe season m Cora Sound wi44 be open from 
April 4- through January 44? Monhadon a»4 
Atlantic thread honing may be tak e n at any timo 

u j one ui cr pm oo ocn kt i » ci n orrmia ^tt^v ^^^h^ vj i 

shor e m toe Atlantic Oc e an an4 monhadon an4 
Atlantic thr e ad herring tal( e n to that afea may be 
transported to pert fo* processing except as pro 
vi4e ift (e) aa4 (4} e4~ this Rule It is unlawful to 
possess menhaden or Atlantic thread herring 
taken with a purse seine except during the open 
season from May 15 through January 15, except 
that the open season in Core Sound is from April 
J_ through January 15. Menhaden and Atlantic 
thread herring may be taken at any time with a 
purse seine from beyond one mile of shore in the 
Atlantic Ocean and transported to port except as 
provided in Paragraphs (c) and (d) of this Rule. 

(c) It shall be is unlawful to take menhaden or 
Atlantic thread herring by use of a purse seine 
between sunset on any Friday and sunrise of the 
following Monday from the Friday of the Me- 
morial Day weekend through sunset on Labor 
Day each year. 

(d) It shall be is unlawful to take menhaden 
or Atlantic thread herring by use of a purse seine 
between the hours of sunrise and sunset on the 
following official holidays: 

(1) Memorial Day; 

Fourth of July, when the Fourth of July 

falls on any calendar day between sunrise 

Friday and sunset Monday; 

Labor Day. 

It shall be is unlawful to use a purse seine 
to take menhaden or Atlantic thread herring in 
the internal coastal waters, »f North Carolina, 
except in the following waters: Pamlico Sound, 
Pamlico River east of a line from Wades Point 
to Intracoastal Waterway Marker No. 1 at the 
mouth of Goose Creek, Neuse River east of a 
line from Wilkinson Point to Cherry Point, 
Adams Creek, Core Sound and its tributaries, 
Back Sound, the Straits, North River, Newport 
River, and Bogue Sound. 



(2) 



(3) 
(e) 



NORTH CAROLINA REGISTER 



>> 



PROPOSED RULES 



(f) It shall be is unlawful to take menhaden or 
Atlantic thread herring by we ef- with a purse 
seine from the Atlantic Ocean within an area de- 
scribed in 15 NCAC 3G .0004. hounded by a 
h«e extending from Raid Head I ighthouse bear 
Htg- 2 '12° M to Gape hoar River *>h+p channel 
buoy ^^-r the» bearing £30°- M- to the foot- ef- the 
Yuupon Beaeh Fishing Rtef »» Oak- Inland, then 
following the shoreline* eastward to a point Heaf 
1^,4 Caswell (35^ ^4^N-?^Q4^4-^W-h 
&e» running 44*^ M- to the fta!4 Head 
1 lghthouse, 

(g) When a fish spill occurs, the responsible 
menhaden fishing company shall: 

( 1 ) Immediately notify the office of the 
Fisheries Director of the North Carolina 
Division of Marine Fisheries of such spill, 
and 

(2) Report to the Fisheries Director of the 
North Carolina Division of Marine 
Fisheries in writing on the circumstances 
associated with each spill and costs of its 
clean-up. 

(h) Pwse GtU- Nets. Ne person shall It is un- 
lawful to have a purse gill net on board a vessel 
when taking or landing Spanish or King 
Mackerel. 



Statutory Authority 
I43B-289.4. 



G.S. 113-134; 113-182; 



.0307 CHANNEL NETS 

(a) It shall he is unlawful to use a channel net: 

( 1 ) to coastal fishing waters with With a 
corkline exceeding 40 yards in length. 

(2) Without yellow light reflective tape on the 
top portion of each staff or stake and on 
any buoys located at either end of the net. 

(3) With any portion of the set including 
boats, anchors, cables, ropes or nets 
within 50 feet of the center line of the 
Intracoastal Waterway Channel. 

(4) In the middle third of any navigation 
channel marked by Corps of Engineers 
and or U.S. Coast Guard. 

(5) J» a»y coastal fishing waters unless Unless 

attended by the fisherman who shall be 
no more than 50 yards from the net at all 
times. 

(b) It shall he is unlawful to leave any channel 
net, channel net buoy, or channel net stakes in 
coastal fishing waters from December 1 through 
March 1. 

(c) It shall he is unlawful to use floats or buoys 
of metal material for marking a channel net set. 

(d) From March 2 through November 30, ca- 
bles used in a channel net operation shall, when 
not attached to the net, be connected together 



and any attached buoy shall be connected by 
non-metal line. 

(e) It shali he is unlawful to leave channel net 
buoys in coastal fishing waters without yellow 
light reflective tape on each buoy and without the 
owner's identification being clearly printed on 
each buoy. Such identification must include one 
of the following: 

(1) owner's N.C. motorboat registration 
number; or 

(2) owner's U.S. vessel documentation name; 
or 

(3) owner's last name and initials. 

(f) It shall he is unlawful to use any channel 
net, anchors, lines, or buoys in such a manner 
as to constitute a hazard to navigation. 

(g) It is unlawful to possess aboard a vessel anv 
channel net with a corkline exceeding 40 yards. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0308 POUND NETS 

Pound nets: 

(4} (a} It shall he is unlawful to use pound or 
fyke nets in internal coastal fishing waters with- 
out the owner's identification being clearly 
printed on a sign no less than six inches square, 
securely attached on an outside corner stake of 
each such net. Such identification must include 
one of the following: 

(a+ U) For pound nets, the pound net regis- 
tration number and the owner's last name 
and initials. 
fh) (2) For fyke nets, the owner's N.C. 
motorboat registration number, the own- 
er's U.S. vessel documentation name, or 
the owner's last name and initials. 
Any pound or fyke net or any part thereof found 
set in internal coastal fishing waters without 
proper identification will be in violation and may 
be remo% , ed and disposed of in accordance with 
law. 

(-34 (bjt It shall he is unlawful fop afty person &f 
persons to use a pound net without registering 
such net with the North Carolina Division of 
Marine Fisheries prior to installation which in- 
cludes setting stakes. Stakes will be considered 
as part of a set. Such registration will expire 365 
days after registration. Failure to re-register each 
set or the abandonment thereof without remov- 
ing all stakes shall constitute a violation and be 
grounds for refusal of other registrations or re- 
registrations. Failure to use a registered set 
within sixty days of registration shall constitute 
a violation and be grounds for refusal of other 
registrations or re-registrations and for revocation 
of other registrations. 



56 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



f£fr (c) It is unlawful to use a Ne pound net 
shall be us e d without leaving a marked naviga- 
tional opening of at least 25 feet at the end of 
every third pound. Such openings shall be 
marked with international orange signs at least 
six inches square. 

(4} (d) It 6baH- be is unlawful to set a pound net, 
pound net stakes, or other related equipment in 
internal coastal fishing waters without light re- 
flective tape or light reflective paint on each 
pound. The tape or paint must cover an area 
not less than twelve inches vertically, and visible 
from all directions. 

(4} (e) In Core Sound, the Fisheries Director 
shall by proclamation designate areas for the use 
of pound and fyke nets. 

(f) In Pamlico Sound, it is unlawful to set a 
pound net, pound net stakes, or any other related 
equipment without radar reflective tape or me- 
tallic material which covers an area not less than 
12 inches vertically, and visible from all directions 
on each end. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0309 NETS PULLED BY MORE THAN ONE 
BOAT 

■?ve- ft*4 shall be pulled «*f tow e d by U is unlaw- 
ful to pull or tow a nct^ with more than one boat 
except in long-haul fishing operations. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0310 SEINES PULLED BY ONE OR MORE 
BOATS 

It shall be is unlawful to tow or pull a net in a 
long-haul or swipe net fishing operation: 

(1) Without a floating buoy attached a mini- 
mum of every 100 yards along the cork line. 
The buoy shall be international orange and 
shall be no less than five inches in diameter 
and no less than eleven inches in length; and 

(2) Without a flag, square in shape, interna- 
tional orange in color, at least 24 inches by 
24 inches in size, flying in the rigging so as 
to be visible when approaching the vessel 
from any direction. 

Statutory Authority G.S. 113-/34; 113-182; 
I43R-289.4. 

SECTION .0400 - NET REGULATIONS: 
SPECIFIC 

.0401 ALBEMARLE SOUND AND 



TRIBUTARIES 

In Albemarle Sound and tributaries: (including 
Chowan River, excluding Currituck Sound and 
its tributaries): 

(1) From January 4- December 1 through May 
31, it is unlawful to use no gill Ret- shall be 
»se4 nets with which has a mesh length less 
than three inches in Albemarle Sound and 
tributaries, between the mouth of Roanoke, 
Middle, Eastmost and Cashie Rivers and the 
U.S. 64-264 bridges across Roanoke and 
Croatan Sounds. 

(2) From June 1 through September 30, it is 
unlawful to use He- gill net- shall be ase4 nets 
with a mesh length less than five inches in 
the Albemarle Sound and tributaries be- 
tween the mouth of Roanoke, Middle, 
Eastmost, and Cashie Rivers and the U.S. 
64-264 bridges across Roanoke and Croatan 
Sounds. The Fisheries Director may by 
proclamation allow the use of gill nets with 
a mesh length of three inches or less and 
may require the nets be attended by the 
fisherman at all times. It is unlawful for any 
fisherman to N» fisherman shall use more 
than 400 yards of nets with a mesh length 
of three inches or less. 

(3) From October 1 through December 34-r && 
November 30, it is unlawful to use gill Ret 
shall be used which has nets with a mesh 
length less than three and one-half inches in 
Albemarle Sound and tributaries between 
the mouth of Roanoke, Middle, Eastmost, 
and Cashie Rivers and the U.S. 64-264 
bridges across Roanoke and Croatan Sounds 
except attended gill nets as described in (2) 
of this Rule may be used. Gill nets which 
have a mesh length three and one-half inches 
and greater and less than four and one- 
quarter inches must be sunk to the bottom, 
set in no less than eight feet of water in the 
tributaries, ten feet of water in the Sound, 
and be no more than 35 meshes deep. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.0402 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) Ne- Ret- may be usod It is unlawful to use 
nets from June 15 through August 15 in the 
waters of Masonboro Inlet or in the ocean 
within 300 yards of the beach between 
Masonboro Inlet and a line running 138° 
through the water tank on the northern end 
of Wrightsville Beach, a distance parallel 
with the beach of 4,400 yards. 



NORTH CAROLINA REGISTER 



.5" 



PROPOSED RULES 



(2) X© It is unlawful to use trawls may be ©se© 
within one-half mile of the beach between 
the Virginia line and Oregon Inlet. 

(4) X© trawls V i ith a mesh length less than f©ef 
inches m the main body, thn?e inches i» the 
extension, aft© ©h© aft©, feee fourtho inchoo 

l^i tl^j ^^^^1 ^^^^^4 ^^1 ^^^J- ^^^^^1 ^^^^^^1 ^^^A IK , ^ 1 L^^_ 

1 1 T til ^ — CTTTT L I HJ *. ' I L LI 1 1 I HJ. C I I IU T W u^TO D I 

shore' ©t » fee beginning at- a point ©4^- 44- : 
4-^ X — ^&- 4ft- UV^ i-V- ©» the western s©J© 
©£ Beaufort Inle ' t Channel (4be present le- 
cation el buoy "11" Q44- b4-© thence w e st 
v . ard parall e l ©* aft© on e halt nautical mil e 
from the oc e an beach ©> a point 34^ 40- ©©^ 
X-^ii4i:Weff Sahef Patb- 

(-44 (3} From October 4- through April ©Or m 
order te prot e ct small flounder v , Inch fftay 
be taken m the Atlantic Ocean, the The 
Fisheries Director based ©» reasonable aft© 
prudent management ©t murine a©© 
e stuann e resources may, be by proclama- 
tion, establish fishing gear specifications for 
trawls used within three nautical miles of the 
beach from October J_ through April 30 in 
order to protect small flounder. 

(■§) (_4| X© It is unlawful to use gill nets with a 
stretched mesh s© 1 © length greater than six 
inches eaft be ©~e© from February 1 through 
June 30 from Carolina Beach Inlet to the 
South Carolina line. 

Statuton Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0403 CHOWAN RIVER AND ITS 
TRIBUTARIES 

In the Chowan River and its tributaries: 
( 1 ) It is unlawful to anchor the X© lead line of 
any net shall be anchored closer than 50 feet 
from shore except in the Meherrin River. 

(2) It is unlawful to use X© pound set nets or 
gill Bet may- be used f©£ the taking ef t+sb 
nets in any tributary creek t» the Chowan 
River or within 150 yards of the mouth of 
any such tributary creek of Chowan River. 

(3) It is unlawful to use From January 4- 
through May 4©r gill nets with a mesh length 
ft©t less than two and one-half inches may- 
be used in the Mehemn River from January 
1 through Mav 31. 

(4) It is unlawful to set_ a 1ft the Chowan River 
ft© pound net may be set within 200 yards 
parallel to any other pound net aft©, h© seine 
may be used within lJt li O yards ©£ the 
mouth ©f- a©v tributarv creek, in Chowan 
River. 

(5) It is unlawful to use a seine within 1 .000 
yards of the mouth of anv creek tributarv to 



Chowan River. 



f§} (6) It is unlawful to set a X© trotline ©f a©y 
portion e* a trotlino may be set- within 100 
yards of a pound net from February 1 
through May 31. 

(4) [7) In the Chowan River from the mouth 
of Wiccacon River to the North 
Carolina Virginia border, gill nets may be set 
perpendicular to the channel a distance of 
at least 50 feet from the outer portion of a 
pound net while in use. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0404 CURRITUCK SOUND AND ITS 
TRIBUTARIES 

In Currituck Sound and its tributaries: 

(1) It is unlawful to use anv Xe net or ©fa© seine 
may be hauled ©f pull e d by- the ©s© ©f with 
more than one power boat. 

(2) It is unlawful to use anv X© seine or haul 
net may- be ©see which is more than 900 
yards in length or which has a mesh length 
of less than three inches. 

(3) It is unlawful to use From January 4- 
th rough May ©4r ft© gill ft©t nets with shall 
be ©se© which has a mesh length less than 
three inches from January ]_ through Mav 
3j_ 

(4) From June 1 through September 30, it is 
unlawful to use ft© gill set nets shall be used 
with a mesh length of five inches or less ex- 
cept gill nets with a mesh length of three and 
one-fourth inches or less which are attended 
by the fisherman at all times. It is unlawful 
to X© fisherman shall use more than 400 
yards of nets with a mesh length of three and 
one-fourth inches or less. 

(5) From October 1 through December 31, it 
is unlawful to use h© gill set nets with shall 
be used which has a mesh length less than 
three and one-half inches ft©? or to set 
w ithin 300 yards of the shoreline, except gill 
nets with a mesh length five inches and 
greater and attended gill nets as described in 
Paragraph (4) of this Rule. 

Statuton- Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0408 PAMLICO SOUND 

U shall be unlawful t© set a pound ft©©, pound 
ftet stakes, ©f afty- oth e r r e lat e d equipment ift 
Pamlico Sound without radar reflectiv e tape ©f 
metallic material which covers aft afea ft©t less 
than twelv e inches vertically. a»© visible from ah 
directions ©ft eaeh ©ft©? Fight reflective tape ©f 
©gbt- reflective paint which covers aft a©»a ©©t less 



58 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



than twelve inch e s vertically aft4 is visibl e from 
all directions is required e» each pound. 

Pound nets in Pamlico Sound are required to 
be marked as specified in 15 NCAC 3B .0308(f). 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0409 ROANOKE: CASHIE: MIDDLE AM) 
EASTMOST RIVERS 

In the Roanoke, Cashie, Middle and Eastmost 
Rivers: 

( 1 ) It is unlawful to use No more than one drift 
gill net per boat shall be wsed at a»y e«e 
time and this such net shall must be at- 
tended at all times. 

(2) h is unlawful to use -No drift gill set- nets 
with a stretched mesh length of less than two 
and one-fourth inches or greater than three 
inches and »e fixed or stationary gill net- nets 
with a stretched mesh greater than three 
inches, shall be used from April 4 through 
May 3+ from the mouth of Roanoke, 
Cashie, Middle and Eastmost Rivers to the 
I Iighway 258 bridge during the period April 
J_ through May 31. 

(3) It is unlawful to use Erom Jun e 4 through 
September 34r He- gill set shall be used, nets 
from June 1_ through September 30. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0410 SOUTHPORT BOAT HARBOR 

It is unlawful to use Xe person shall use any 
commercial fishing gear in the Southport Boat 
Harbor, Brunswick County, north of an east- 
west line across the mouth of the sai4 harbor; 
said line running 34° 55' 00" N and which inter- 
sects beacon number 6 at the entrance to the sai4 
harbor. 

Statutory Authority G.S. 113-134; 1/3-182; 
143B-289.4. 

.0413 CAROLINA POWER AND LIGHT 
INTAKE CANAL 

It is unlawful to -No person shall use any com- 
mercial fishing equipment in the Carolina Power 
and Eight Intake Canal between the fish diver- 
sion screen and the Carolina Power and Light 
Brunswick nuclear power plant. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

SECTION .0500 - OTHER FISHING DEVICES 
.0501 DREDGES AND MECHANICAL 



METHODS 

(a) It shall be is unlawful to use or have aboard 
a vessel any toothed dredge or mechanical gear 
weighing more than 100 pounds except hydraulic 
dredges, e* between the hours ef sunset aft4 
ounriso m a»y ef the coastal fishing wators ef- the 

(b) It is unlawful to use hydraulic dredges, 
patent tongs or the mechanical method of kicking 
with propellors and/or deflector plates with or 
without trawls or cages for any purpose except 
as provided in 15 NCAC 3B .0900. 

(b} (c) It shall be is unlawful to use more than 
one toothed dredge per vessel to take oysters or 
crabs or to use any dredges or mechanical meth- 
ods between sunset and sunrise except as pro- 
vided in 15 NCAC 3B .0801(b)(6). 

fe) (d) It shall be is unlawful to use a toothed 
any dredge or afty other drodgo mechanical 
method to take oysters: 

(1) In- Pamlico Sound, within the afea 
bounded by a fee beginning at- a point en- 
the north side el Swash Iftlet 342 S£2 5Q2 
X - 342 0^ 442 W-7 th e nc e running 3332 
f444 5/120 yards te- a point i» Woinwright 
Channel 342 $&. 3^ N - 342 43^ 332 W- 
immediately east ef the north e rn tip ef 
Wainwnght Island; thence 04»2 (M) 34J00 
yards te- Fe4 4 second interval flashing 
beacon "2CS" 342002442N-342432432 
W- thence 0332 (444 2UJ00 yards te 4 see- 

■"t «-« 'i <■'<- h-t r ■ . I (l-i.-bi.-iii I-. -j\ll ''111 i. N ( ) 1 

Ul 1U iITTvrTTir I ICCOI 1 I 1 1 E I'VU^'W 1 1 I a ■_/ ^j *j v_> » 

iSi X - 342 442 342 W-t thence 0432 {Mf 
M, ' 150 vards te- a point in- Pamlico Sound 
442 032 042 X - 342 061 441 W-t fre» wbaeh 
point green 4 second interval flashing 
beacon '-^- e» Royal Shoal boars 00#2 
(A44 6,000 yards; green 6 second intorvol 
flashing beacon '~P- e» Royal Shoal bears 
3342 4M4 4r330 yards; and- a yellow 6 
second interval flashing b e acon e» Pi oval 
Sheal beats 3432 f444 34)00 yards; theneo 
0342 (444 l$m yards te g*ee» 2^ second 
intorval flashing beacon 21911 542 0&2 342 
X - 342 ©3: 3&. w- i» N«e Peet Sheal 
Channel; thence 0432 ^44 3^440 yafes te 
Fe4 4 second intorval flashing boacon 
"MBF" 3420^342N--34200^392W- t ft 
Big Eoot Slough Channel; thenc e 0342 
4M4 26,260 yards te- a quick flashing 
Uaaan 152. 4-jl 00" X - 3-51 ±$L SO' - V*U 
southwest ef Oliv e r R-eeh thenc e 0332 (444 
6,100 yards te 34 second interval flashing 
beaeeft 241: 342 44^ 442 N - 342 442 442 W. 

» Pvollin s on Chann e l: thence 03Q2 ^444 
13,920 yards te Fe4 4 second intorval 
flashing boacon 1131^ 3£2 4^ 032 X - 342 
44: 441 w- i» Cape Chann e l; thence 4402 



NORTH CAROLINA REGISTER 



59 



PROPOSED RULES 



(44-) S.3 ' 10 yurd it to a point ©«• toe 
shorelin e ©4 1 lattoras Inland fteaf Buxton 
4^4>_4^iv-;ii-43:^W-t th e nc e 
southwest with 4te shorelin e ©f I Iatt e ras 
Island to a p©Hft 4^4 44- :M4 X - 14S- 4+ 
4-i4 W- e» tk© southwest e«4 ©f I lattoras 
Island; th e nc e &>&■ f>4-» 34Sft yaf4s across 
1 Iatt e ras R4s4 to a point 44- 4R 444 N - 
+4- 44 1 44 1 W e» Ae northeast eftd- ©f 
Ocracoko Inland; t ho nee southwest with 
Rte shoreline ©f Ocracoke Inland to- a 
p^Hftt- 44^ 144 44 X - 14£ 6ft: 44 W ©ft toe 
southwest e«4 ef Ocracok e I i. laiid; th e nc e 
348- f4R 2,221) yards across Ocracoko 4«- 
k^toapeiftt- ^ft3-4^^--?^ft5:44^ 
W- ©» toe northeast e»© ef Portsmouth 
Island; thence running southwest with 4*e 
shoreline ©f Portsmouth Island aftd- Core 
Ranks to a point ©ft toe north s+de ©f 
Swash 4ftk* 44 444 ^- N - 44^ 4<4 44^ 
W-? to toe point ©4 t4*e beginning; In 
Pamlico Sound within the area described 
in 15 NCAC 3G .0005(a). 



(2) In Core Sound and its tributaries south 
west ©f a bfte beginning at- a point ©» 4» 
north stoe ©£ Swash 4ftk+ 41- §&■ 4^4 X - 
^_ ftO: 441 Wr aftd- running 404^ f444 to 
a point ©ff 44©g Island Reef 44^ ftO- 14*4 
X - 4to 44- $£■ Wf within the area de- 
senhed in 15 NCAC 3G .0005(b). 

(3) On any posted bottoms upon which 
oysters or shells have been planted by the 
state, unless such bottoms have been 
opened to the public and dredging per- 
mitted. 

44 4» Currituck County; 

(4) [4| In any of the following areas and their 

tributaries designated in ]_5 NCAC 3G 
.0005(c). Raek- Rav at- 44©e. Island. North 



Rr 



River. 



Sound, North 
Bouu e Sound. 



Bay, toe Straits, 
River, Newport 
White Qttk- River. 4ew River. 
Folly River, Shallott e Rivor, aft© 
Saucepan Creek ( Brunswick County), ex- 
cept- ©» private bottom by permit. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0502 MISCELLANEOUS FISHING DEVICES 

fa-)- It shall be is lawful to take catfish by the use 
of a hand-operated device generating a pulsating 
electrical current in the Cape Fear River between 
I ock and Dam No. 1 in Bladen County down- 
stream to where the Black River joins the Cape 
Fear River. 

44 Inland game toto taken incidental to a»y 
licensed commercial fishing operation, i-ftay be 



retained to toe ext e nt p e rmitted by regulations 
©f 4>e Wildlife Resources Commission. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0503 LEAVING DEVICES UNATTENDED 

It shall be is unlawful fof anyone to leave stakes, 
anchors, nets, pots, buoys, or floating devices in 
any coastal fishing waters when such devices are 
not being employed in fishing operations, and 
none of the above devices may be left in any 
waters during a time when they could not be le- 
gally fished in those waters. Devices used in 
conjunction with fyke and channel net operations 
which have not been used in fishing operations 
for 12 consecutive months shall be deemed 
abandoned and shall be removed by the person 
or persons responsible for their placement. Any 
fishing equipment found set in coastal fishing 
waters in violation of this Section or which con- 
tains edible species of fish, unfit for human con- 
sumption, may be removed and disposed of at 
the discretion of the Fisheries Director. 

Statutory Authority G.S. 113-134; 113-137; 
1/3-182; 143B-2S9.4. 

.0504 EEL: CRAB: FISH: SHRIMP POTS 

(a) ]t is unlawful to use pots except Pots may 
be used during toe following time periods and in 
toe following areas specified herein: 

( 1 ) From November 1 through April 30 » a44 
internal coastal fishing waters except that 
all pots shall be removed from toe internal 
waters before from January 24 aft© ft© 
©©te f»ay be used from January 34 
through February 7. 

(2) From May 1 through October 31 ft 4>a44 
be unlawful to «*e awy pet* m- internal 
coastal fishing waters ©f North Carolina 
e xc e pt pete may be used north and east 
of the Highway 58 Bridge at Emerald Isle 
in areas described below: in J_5 NCAC 
3G .0006. 

4V) tft Albemarle Sound aft© tributaries; 
(R) ift Roanoke Sound aftd- tributaries; 
(44 ift Croat an Sound a«4 tributaries; 
fT4) ift Pamlico Sound aft© tributaries, es- 
eeftt- Rte following ar e as a»4 areas furth e r 
described ift (44h (+4 aft© fG4 el 44s 
Subparagraph: 
4) R> Wysocking Ray^- 

44 bound by a fee beginning at- a 
point ©ft 4n* south shor e ©4 Fone 
44ee Gfeek i^ 44 ft^ X - 44^ ftX 
USi W- running 3^4 44 4ftftft yafd* to 
a peiftt ii-4444:X-5^ft3:^x: 



60 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



Wt thonco 4442 M 3300 yards to a 
ee*ftt 44°- 3P 43^ X - 342 03: 44: Wt 
th e nc e 0432- 44 340 yards to a point 
^ she*e 4P 3P 44^' 4i - 342 03: 44-: 
Wt thonco following the shorolino 
aft4 the Lono Troo Crock primary 
nursory area fee to the boginning 
point; 
(44) bound by a fee boginning at a 
point e» the south shore ef 44tr 
Pleasant Bay *42 34: 03^ 4, - 442- 04: 
44^ W running 0832. 44 4300 yards to 
a fwfet 342 33: 44^ 4i - 342. 03: 34: 
Wt thonco 934^ 44 3400 yft*ls to a 

pft^ 342 34: 3^ 4; - w- 03: 44: w- 

thonco 3002- 44 4400 vatos to a point 
»» skew 342 34: ^1 4; . 34° ©4: 4*: 
Wt thonco following to© shorolino 
aftd tfte Browns Island and 41tr 
Pleasant Say primary nursery area 
lift© to toe boginning point; except 

I ,H_J L J 1 1 IU T Uf JLT 1 1U 111U1U 1 1 Rill _l *J 

yards from toe shorelin e . 

(») 1ft Junipor Bay bound by a fee be- 
gin nino. at- a point e« Junipor Bay- Point 
342 30: 44^ 42- 342 44: 33^ W running 
3342 44 3300 yards to a p*fet 342 30: 
441 X - 342 44: 4S1 Wt thonco 0032 44 
2100 yards to Daymarker 44* 3t th e nc e 
0402- 44 44O0 yards to a point e» shor e 
^^34-4^^-%^44:34^W T thonco 
following toe shorolino aftd toe Buck 
Crook primary nursery afea fee to toe 
beginning point. 

(444 1ft Swanquarter Bay. bound by- a fee 
boojnning at a point eft the north shoro 
ef Gafiee Ua? 34°- 34: 44: 4- - 342 44: 
4-P Wf running 404^44 800 yafds to a 
point eft the south shoro 4P- 34: 34: X 
- 34°- 44: 44: Wt thonco following the 
shoreline to a point eft shor e 342 34: 331 
jv - 34s. 444 33^ Wt thence running 3432 
M 4400 vaf4s to a pe+ftt ^P 34: 4^ N- 
. 1&. «C 04: Wt thenee 3402 44 44S© 
vatos toapeiftt 4P 34- 4h: N - 342 444 
3^ Wt th e nc e 0842- 44 4440 yards to a 
point e* the north shoro 4P- 34 03^ X 
. 342. 43: 4^ Wt thenee following the 
shor e lin e aftd the primary nursery area 
fee to the boginning point. 

rTTT 111 L* ^^- I .* V^^-P * \J CCCn l_JI CT lil 1\_ CTC U 1 JJ 111 1 C. 

at a point ©ft toe south shor e i$l 2&- 
i^: ± - 76° 33: P^ Wt running 034^ M 
4-800 yards to a point eft toe north 

r h nm 3 ^° 3 I ' <<" X Z6S IT n" ur »^^1 

west ef a fee begiiming at a point e» 
tbe sfttttft sftftfe S^ 30:"44^ iv - 1&- 33: 
OP W running 00^ M 4400 yato» to a 



L'uii 1 1 wit rr^w uu iiii ji iu i u j^> c i mj t*t 

_7^33:44^Wt 

\ » / TTT rTTt^T OCX DCs l_ F VJ U11U U T ET 1 11 IU T7tTJrTiTTiTTtJ 

at Beacon >tor 4- at tfe mouth ef- Doep 
Cove running 414 2 - M MOO yards to a 

L 1 U li 1 1 tTTT 3TTWTW J _> ETT^ T^^ T^ ^T^^ C*^* 

44^ Wf thonco 304^ M ^3^0 yafds to a 
nnint TS" 44: AQI M - 362. 34: S 1" W- 
»k^»„ i ic° vf ~>onn ,:^,^ir <„ „ ^^:„« t c° 

rr^c^^^^r i e lt i*i i.uuT jrn^o t^ct cr lhj i i i i . j s 

44:441^.342. 34: 44^ Wt thonco 044^ 
44 through tfee "Dopo Boat" boacon 
3250 yards to the beginning point. 
(¥t4 Off Striking Say- bound by- a fee 
boginning at a point e» tfe west shoro 
ef Striking Bay Z&- 3P 30: jc - 342. 34: 
40^ W running 400^ 44 4000 yards to a 

nnint 7S° 3X ">7" M - 342. 2X on- UL 

<U„.,„„ OQ*7° Vi. OOO ,„,^lr. <£. D„-„„^ X*^ 

mi iJI-L- *-' 7 I I * I ^ \J \J J UJ U^ T^^ ^^^^Cr^^^TT ; ~ w ■ 

^^ ttAno^a 1 I / \ g 1 fcflfj un «-H r- ♦■ ■-^ -i nnint 

cr l 1 1 \_ 11 \,^j 1 e f j * 1 1 T_n_/v TTti^^f^ tj^7 cr i n_T 1 1 t 

*P34:44:4;-34^34:44^Wt thonco 
following tbe shorolino to a point 4P- 
34: ^fr: N - 34^ 34: 44^ Wt thonco 433^ 
M 3300 yw4s to a peiftt 342- 3P 43^ 4i 
. 342- 34: 40^ Wt th e nc e following tbe 
shorolino to a petftt 342. 34: 40^ N"- 342- 

34: 34: Wt theftee 34P 44 000 yftf4s to 
a. „^:„t k° ~ii' ,in -/ x _ ~7£ 34i ,1 t ; \\r. 

CT f ■ 1 7 1 1 1 1 ^/ »? ES9 T \J i. ~ 1 \J E CT I .J I * 1 

thonco 0402. jvt 400 yatos to a point 4P 
33:^iiv-342. 34: 48^ Wt thonco fol- 
lowing the shorolino to toe boginning 
point. 
(¥») B* B-ese Bay- bound by- a fee bogin 
ning at a point southwoot ef Swan 
420^ 34234:4^4i-34i33:30:W 
running 3882- 44 1500 yards to a point 
eft sfefe ^P34:0^4;-342-34:34^ 

W , ■ tt-i.in ,-^.-t I A / J \ .1 l^^^^J u^rjo ^ .-i >i n/nfit 
TT , TT^T^TT^T^? I CS TTT 1 TJ ^f\J T LU U^ t^T CT L' VJ l_TTt 

342 34: 40^ 4; - 342 34: 04^ Wt thonco 
0842 ^4 1350 yards to a point e» shoro 
342 33: 30^ X -342. 34: 44^ Wt thonco 
following tfte shoreline to the boginning 
point. 

(vui) 1ft Sponcor Bay- bound by a fee 
b e ginning at a point e« shoro at Willow 
4tofe 342 33: 34^ 4; - 342 38:00^W 
running 059° 44 1700 yards to a point 
342 33: 43^ N - 34°. 33: 44: Wt thonco 
3432. 41 4400 yatos to a pea* 442- 3P 
34: X _ 342. 33: 43^ Wt tbeftee 3442 44 
1300 yards to a point eft shor e 4P- 33: 
03^ X - 342. 3$: 34^ Wt thonco following 
the shor e line to the beginning point. 

(ht) 1ft Big Porpois e Usf bound by a fee 
b e ginning at a point e«- shoro 342 44: 
$%z X _ 342. 39- 44y: W running 4832 
i4 340 vrtfds to Saee Befe- 342 44:34: 
iv.342' 3»: 04: Wt thonco 4442 44 840 
yftf4> to a Bftiftt 342 44: 38^ 4r - 342 38: 



NORTH CAROLINA REGISTER 



61 



PROPOSED RULES 



1&- Wt tlww 0344 M 440 yaf4* to a 

402 Wf thenoe fallowing the shoreline 
to toe b e ginning point. 
f*4 to toat afea north &f toe targ e t 44p 
beginning at a point 44- 4-4- 344 N - 342 
3?: 042 Wf running 0444 44 3000 w4s 
to a pemt 444 444 §32 X - 444 4N4 004 
W4 thence 4-4*4 44 4400 vatos to a point 
44-44:04^4.-444 344 404Wf toeHee 
35^ 44 3000 yard* to a potto 442 444 
442 4, - 442 54: S^i Wf thence 44f4 44 
1 000 yards to toe beginning point. 

I -L- % \ I tl \ 1 1 . I I 1 . t Ifll. I , A Tl . t . I J II - -1 T-. ^ -1 1"\ j - \ 1 111, I 

\ il 1 J TTT I'll VITJ IV 1 'll V TTT rXTC 13 I -JU. T CTTTJTT T 'T.TTJ 11U 

by- a 4ne beginning at- Middle Ray Point 
442 44: 491 42 . 442 342 4+4 W ninning 
4442- 44 4440 >*h4* to a potto 44?- 44^ 
444 24. _ 442 34: 442 Wf thence 3444 44 
3400 vato* to a potto 444 43- 444 4*- - 
442 344 44: Wf toeftee 3044 44 3400 
yards to Sow Island; thence 4444 44 
4444 vards to a point 44- 44^ 444 4- - 
442 &. 442 Wf thence 344 44 3404 
yards to 44*4 Da 1 . marker 44* 4t th e nc e 
044- 44 44OO yaf&s througli Green 
1 -'lasher 44* 4 to Sow Island Point 44- 
44: ©04 4; - 44^ 44: 442 544 thence 44- 
lowina the shoreline of Middle Bay- to 
44te lushing Jtotto 44- 44 444 4. - 44- 
30- 432 Wf thence 404- 44 4400 yard* 
to a point oh toe north shore 44: 44- 
44- X - 44- 30: 44P Wf thence following 
toe shoreline to a point 44- 44- 442 4* - 
44- 30- 4-4 Wf thence ho more than 34 
yards fro m toe shoreline to toe begin 
ning point. 
(to+f to Jones 44ay bound by- a nne be- 
ginning at- a point 00 Sow Island Point 
442 44: 00: 4; - 4to 30: 344 W running 
304a 44. 34OO yat4s to 44een I 'lasher 
44* 4> thence 4434 44 3440 yards to a 
petto 44^44^4444r-44^40:44^W T 
thenc e 444- 44 4444 yards to a point 
4tew 44^44^3t44>-44444:44-Wf 
th e nc e following the shor e lin e to a 
petto 44^44^44^4r-44^44-44^W 7 
thence 4444 44 444 yat4s to a potto 444 
44^ 454 4; - 4to 444 444 Wf thence pat-- 
a444 with toe shoreline 00 more than 
400 yards fro m shore to a point 44- 44- 
442 4, . 442 43: 04 Wf thence 04*4 44 
to a point 600 yard ', from toe north 
show 44i444^4;-4^444-44-V4 
thence parallel with toe shoreline ho 

til Qrfl lli ill t .1 1 ( I 1 -urdi' T !•■ -> 1 11 , ll Q «•■■ 1 t j-\ O 

mTTTv ttititt tttttt ttttott 1 1 \j III -.'I IV 1 \^ \ \r cr 

ptoto 44^ 44- 00^ 4. JJ&. 40- 44- W- 
thence 000- 44 400 ' . aids to a point oh 
4km* 44^44-4444;-44440-444Wt 



thenc e following toe shoreline to 4h* 
beginning point, 
(xiii) 4h an afea bound by a tow begin 
ftHMj. a4 44oaF itoito 444 4-2^ 444 4i .742 
442 04^ W running 4044 44 3000 yaf4s 
to (iroen I 'lash e r 44>r 4> thenoe 300^ 44 

TlflQ ...in].- to. a nnint ?S° I (V S£f V 

544 444 444 Wt Owftee 3434 44 3440 
yatos to 44ay 4totto 444 44: 03^ 4r - 444 
44- 44 1 Wt thence following toe 
shoreline to toe beginning point. 

(xiv) to aft afea at toe mouth of 44ay 
River bound b¥ a fee beginning at- a 
F^ftHt oh 44aw 4to»» 444 044 442 4; - 4^ 
43: 4to' W running 0304 44 4400 yard* 
to Daymarkcr 4a*r 4r thence 131° 44 
4SO0 yards to Neuso Ris'er Junction 
Quick " Flasher; thenoe 344°- 44 4400 
yafds to f^*4 44ay Marker 44* 3 44Vf 
thence 444- 44 3440 yards to toe begin 
ning point. 

f*¥4 44te waters within a circular ar^n 

with a radius of 1,000 yards having 4s 

center oh toe southern s4Je of Brant fo- 

Ian4 at latitude 44^ 444 444 4.- - longi 
«,,.i., ne° -)a- 1 q ■' \\r 

f44 to Pamlico River west of a one from a 
point oh Pamlico Powit 4?2 444- 43- : 4r - 
444 34^ 4^4 W running 000- 44 through 

I 111 tlllT-l.f- \. . A I -ill. I \ \ . 1 1 1 . \ 1 1 f P|MH( \llM-ll 

1 .'ll T 1 1 IllI H.T.T . < \) . T^ CTTTO IT I 1 1 1 » t f TT7TTTT rTTTTTTTT 

beacon to a point oh Willow Point 442 

IT ll" V "7£° T. 1 ' 1 " \\r „ , , ( . .„.,,, K,, 

E !— C7 ; * ' ' 7 CTT I I t t 1 r "- J 

used to toe following areas: 

(4+ to that area bound by a 44e beginning 
at a point oh- the nne from Pamlico 
44ftto to WiUow 4tomt 444 40: 34^ 4i - 
444 3&: 441 W- ainning westerly parallel 

i . 1 * 1-in rlliirnlinii I I t -_i illif •-.«-»,■,■> HI till tVljVrj 

TTT 111L L'l IV '1 l_' 1 1 1 IU TTT CT Li I .' I HI 1 Ul 1 PT rTTT rTTTTTC 

toaft 4000 vafds to a point 444 40:344 
41 - ?42 3»1 002 Wt th e nce running 3444 
44 000 vaf4s to a oomt 4^ 40: 04t2 44 - 
444 30: 342 w- 400 y#f4* frof» sbofet 
thence westerly parallel to toe shoreline 
at a distanc e of 400 yards to a point 442 
4O:0344;-4I443O:442Wt thence 0044 
44 040 y&fos to a potto 44^ 40: 404 4i 
- 442 40: 00^ Wt th e nce westerly parall e l 
to the shorelin e at a distance of 4000 
«h4^ to a pomt 444 3to 044 4; - 444 43- 
444 Wf th e nc e 40g4 44 440 yatos to a 
point 400 yards frofft shore 444 40: 492 
4.- - 444 444 404 344 thence parallel to toe 
shorel i ne at a distanc e of 400 yards to- 
rt pomt 444 40: 402 4- - 4to 444 34^ Wf 
thence 00&4 44 to a potot 4000 yatos 
from shofe 44230:0024.-444444344 
Wf- thence w e st e rly parallel to tf%e 
shoreline at a distance of 4O00 yards to 



62 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



a p©fe. uz 2QL ^z X . 1&. &L $$i Wt 
thonco 4-04^- tU to a point 400 yards 
fm ***** 44: 40: ^ X - 1&-ZZ- $&■ 
Wt thonoo westerly parallel to toe 
shoreline at- a distance of 400 yards to 

.* ^,^.,1 "i C° ~>n' flfl" KT -7£° 1 A - T1" Uf, 

thonco 004^ M 400 vatos to a pei»t 
+000 yrrtos ftofft stowe 352 30: 4-0^ N - 
242. 44: 44: W-t thonoo westerly parallel 
to toe shoreline at- a distance ef 4000 
yards to Green Flasket ^tor 4-=- th e nc e 
348^ M- parallol to *e 4GWW to a 
petot eff Fulford Pewt 44^ 40: m N - 
262. J4: 44Z Wt thenc e 424-: M to a petot 
e» Fulford 4tomt 34^ 4» 444 tV -24^ 44: 
3-PWt 
(444 all- coastal wat e rs a«4 tributari e s ef 
Oyster Creek, James Creek, Middle 
Prong a«4 Clark Creek. 
fi«4 aH coastal waters &f Goose Creek: 
(44 to toat afet* bound by a fee begin 
nine at a point e» Reed Hammock 
34a 3Q: 34s J4-26S. 3£ ^ff running 
424^ M 400 vaf4s to a petto 45^ 30: 
44: N - ^ 36: 48^ Wt thonco parallel 
with toe shoreline Re moro than 300 
yards from shore to a point 3i^ 30: 
001 X . 74- 42- 40^ Wf th e nce 403^ 
tV4 400 yards to a point e» shore 4^ 
30^ 44: N - 34f- 42- 40^ W, 
(44-)- to toat afea bound by- a fee be- 
calming at a point e» shore 2§S. 40: 
g:^.^ffjj:W. running 304-: 
M 400 y*f4s to a petot 44: 40: §ljz 
>* - 34£ 42- 24- Wt thonco parallel to 
toe shorelin e Re more than 400 yards 
from shor e to a point £$- 4-8- 44 1 N 
- I&l 33: 441 Wt thence 303^ M to a 
point ©ft- toe north shore ef Snodo 
Gfeek- 4P 48- 44-: tV - 26: 42: 32^ 

Wt 

(III) to toat afea bound by a fee be- 
ginning at a point at toe mouth ef 
Goose Gfeek- 4^ 40: 4^ tV - 24^ 44: 
44-: Wt running 348 s rV4 to Green 
Daymarker -Ner :>t thonco south pa*- 
afei to toe shoreline Re moro toa» 
400 yards from shore to a point 4-P 
4^43^^--24^42:02^Wt thesee 
443^ M to Stofe Pew* 3P 4*- 00^ tV 

.^^S^Vtt 

f4V4 Between toe Itoe from Store Point 
to Snodo Crook a«4 a Itoe beginning 

*"> j ^ n.-iint .-» T-i I Afiii X Q ,-■ 1 - P.Mnt n 1 >i 
HI CT TTT7TTTT TTTT L JO 1 1 EL 1 * \^-' ^ I I J II 1 1 I *J 1 1 

ning 261" rVt- tlirough Beacon rVer 44 
to Huskio Point from toe shoreline 
to no mor e than 440 yards from 
shore. 



f¥4 A44 coastal waters southeast ef toe 

rnTO ^^^TT^ IJUI Ig I '^-T-'nL r^^^^^ 1 1 1 1 CTTTTOtl 

Beacon T>tor 44 to 1 luskio Point. 
4V44 Campbell Crook - west &f a fee 

Uifl m fi r-\mr\t nn I liirl.'i.i P>~v« «-i ♦ 1 ^ ° 

rTTTTTT tT p^^^^rT ^r^T T^^I^W^W I l^IIll J J' m TT* 

OO: N - 24^ 42: 04^ W running 004^ 

M te Pasture Jtofe 4^- 42: 30^ N - 

2P 32: 08^ Wt to the inland 

Commercial fee? 

(4v4 A44 coastal waters bound by a fee 

beginning »» Rood Hammock i¥- 30: 

34H N- -W- 44: t>4^ W running 424^ U 

ta a nnint 7S° ML l ft" X - 7ft° 1£1 .-17" 

Wt th e nc e 400^ M 800 yatos to Re4 
Daymarkor j^fe 4t thonoo 433^ M 4300 

■ -nrd- U* a. nnint 7S° Tl' &Q1 X. 7^3 -j^' 

T LAI VT7T TTT CT p T TTTTTX .J *^ S O I Lf T "f TTT" JW 

48^ Wt thence ssostorly parallel to toe 
shoreline at a distance et 400 yards to 
aprfet to rtofe Gfeek- 4^ 30: 492 x. - 
74^ 44: 42^ Wt thence 400^ M to a ptoto 
©» toe south shore er~ Muddy Crook M^- 
ao: 44^ N- - 24^ 44: 44^ Wt including 
a!4 waters e£ Muddy Crook **p to toe 
Inland Coastal boundary feer 
(¥) Along toe west shoro »f Bond Crook 
from Fork Point to toe Coastal Inland 
boundary ' fee from toe shorolino to fte- 

rrt i-n-.-i thin S 1 I i •■■«-. 1 ,- tru m ■ • V^ j-» «-n 
r 1 1 1 7 I V TTTCTTT _' 1 1 J U.I \J J TTT7TTT BTIU1 L. . 

fvr) A44 coastal waters ©f South Creek 
upstream »f a fee beginning at a point 
»» ftofk- xtotot 44^ 30: 441 x. - 24^ 44: 
42^ W running 042^ tV4 to a point e» 
Hickory Pefe 4^ 34: 441 x - 24^ 44: 

44^ Wt 

(-¥») to toat afea bound by a fee begin 
ning at a point at toe si* for>t depth 
contour south ef Hickory Point £$?■ 34: 
33^ N- - 24^ 44: 40^ Wt "thonce easterly 
following toe sis foot depth contour to 
a point off toe east ef Indian Island 44^ 
24:43^X-24^48:04:Wt thonco 320^ 
tV4 to a point »» toe east eft4 et" Indian 
feteft4 44^34:48^iv-24^38:44^Wt 
thonco following the shorolino ef Indian 

ETRXI 111 TTT CT ^^fT'TCT^T T^^T ^^^1? "^Tf^TjT L-*T1U w> ^ p 

33:3yX-24^4^40^Wt thonco 304^ 
M toward Daymarkor rv&r 4 to a point 
at toe sis feet depth contour 44^ 34: 441 
X - ~?£° .uv 1 (.'■ w- ti,„ n ..„ r„n^,,:^„ tu., 

7r^> ^f^rr^ ^t^_^ ^r^c™^ ^r^r^ T7^Trcr*rjrcr^7 T^rr^riTrTf^rT^rirrTr" r^rrfTrr 

si* toet depth contour to a westerly &i- 
roction to a point eff Long Point 3£?- 
gj: 43^ ^ - 2tv 43^ 44^ Wt thonco 344^ 
^4 to a point e» shor e 44^- 33: 341 X - 
?4£44:0tV Wt 
(yiii) BoLannina at a point &» shoro near 
t^ftg ptoftt 3P 33- 30^ >r - 24^ 44: 34: 
Wt running 004^ U to a petot 400 vatos 
effehefe 3P 33: 40^ N - W- 44: 34^ Wt 



NORTH CAROLINA REGISTER 



63 



PROPOSED RULES 



thonco westerly parallel te the shorolino 
at a distance ef 300 yards te a point 33^- 
33: 30^ N - 34°- 4^ 30^ Wf theftee 300^ 
34 tea peart e» shefe 33?- 33: 3f£ N - 
34°- 44: 03^ W3 
(i*) Beginning at- a point eft shore 33^ 33- 
341 N - W- 44- 3^ Wr running 333^ 
34 te a peart offshore 33°- 33: 40: N- - 
34°- 44: 34- 1 W-t thonco wootorly parallel 
to the shorolino at- a distance ef 500 
yard* to a peart 4^ 33: 33^ 3, - 34°- 43- 
ww- Wt thonoo running 334°- 34 te a 
peart e» shore 33=- 33: 44: X - 34°- 43: 

(#) Beginning at- a point eft shore 33°- 33: 
54; 33 J&L 43: 43^ Wt running 003^ 
Wtea peart offshore 3^ 33: 03^ ei - 
34°- 43 1 43^ W7 thenc e w e sterly parall e l 
te tee shoreline at- a distance ef 300 
yards te the intersection ef a line be- 
ginning e» tee north shor e at Gum 
l^art 33^33:(^Civ-3^4^33^WT 
runnina 2 1 - 34 te a point e» tee south 
Sftefe 33£ 33: 2^ 3* - 34°- 44 34: W, 

f*i4 AH- coastal waters west ef a law be- 
ginning e» tee north shore at- Gum 
j2ftftft 33i3i:oai^..3ei4^33^W 

11 i i i n 1 ■ i ■ i fill \ 1 ti\ 'I riiiml mi tin l- /-ii 1 f li 

l *.l I rTTTTT^^ ^^^^ t ^^ T^T TTT CT L ■ \ J 1 1 II T^^T YT^^^ ^T^T^^^TT 

4*^ 33^ 33: 33-^ >i - 74^ 44: 34^ W. 
f*ii4 ©» the north side ef Pamlico Riser 
bound by- a fate beginning at- the inter 
section ef tee fiee from Gum Point te 
tee south shore 300 vards from shore 
331 34: 331 X- 34^ 43: 30^ W running 
easterly parallel te tee shoreline at- a 
distance? ef 300 yards te a point at- the 
si* feet- contour near Adams Point 33- 
33:0313,-34^33:301533 

(xiii) Aff V i ators . aeO tributaries ef North 
Creek except the marked navigation 
channel. 

(xiv) fft that area bound by a hfte begin 
aiftg at- a point at- tee si* feet- contour 
fteaf Adams Peart 33^ 33: 08^ 3* - 34°- 
33: 30Z W- running westerly following 
the set feet- depth contour te a point 
eff Wades i^eart 33^ 33: 3^ e, - 34^ 341 
00^ Wt 

f*v4 4e Pungo River: 

ill I i . 1 1 1 11 ■ 1 L» 1 .- ■ 1 1 ■ «-i . t h.iitimim;! 'l t \ \ . 'i.l.i.' 
^Tf TTTTOTTTT X.T r CT 111 HJ L ' C EI IIIIIIIU, LI I I ' UUI I 

Peart 33^ 33^ 4&: N - 34^ 34: 301 W- 

running 03$^ 34 te a point at- the si* 
feet- depth contour. 33- 33: 33^ 3i - 
34L 34: 90Z 333 thence northerly fei- 
lowing the st* feet- d e pth contour te 
a point fteaf Beacon 33+7 3 33 s - 33- 
44^ei-34^ 34: 44: Wt theeee 333 d - 



33: 44^: >; . 34^ 33: 33^ W. 
(H) Bound ey a foe beginning at a 

nn ; n l oji r h nrri "^S ~>V SQf M '7^° 

I"" Jill ^^T LT1IU1 V J.' J r JF\J T"T ~ t \y ■ 

IS' ^" IU ninni nr 0S0 ° XI 1 1 <Q , ,^,.-1^ 

,.7 .J ^J t 1 I 1 UI11 nXIE VJ ^ Lf . T I I T JTT tHSI^J^ 

te a peart at 33^ 34^ +3^ ei - 34^ 33^ 

1 Q" W th nn rn nnrthnrl" Callami — '1-n 

si* feet depth contour te a point 33^ 

34: 34^ ei - 34^ 34: 00^ Wf thonco 

7 11 \,\ 7 SO V . I Tt 1 M t(\ iX *^' i»«i* fin c- K .-» rn 

33^3^00^iv-34^34:30^WT 
fH+3 Bound by- a hrte beginning at- a 
peart eft shefe 33^ 33: 44^ ei - 34^ 
34: 34: W- running 033^ 34 800 yages 
to a peart 33^ 33^33^ X - 34^ 34 03^ 
W7 thence north e rly following the si* 
feet- depth contour te a point eff 
Windmill Peart 33^ 30^ 30^ ei - 34^ 
3^: 091 W-t thence 034^ 34 te a peart 
300 yards west- ef Davmarkor eier 3 
33^ 34- 34^ e. - 34^ 34: 33^ W- theeee 

1 1 ~>° *\ , j is-L iX r.f»int -i* »La 

j il ttt rrr cr ptnin err 1 1 iv 

"Br e alcwater" 33^ 34^ 34^ e; - 34^ 33^ 
03^ Wt 

/ 1 \ . \ A 1 1 iTiHi'fnl ii-n-t ,-!.-■- knurliH Vv i r r>. lin.i 

II ' I I 111 1.7JU JIUJ TT Hid ^ C^, t T_1 1 ITJ I * T CT III IV 

beginning at- a point at- the 
"Breakwater" 300 vards northeast ef 

eeaeeft e-er 4 33^ 34: 43^ ei - 34^ 34: 

S" 1 " \ii running 1 2 ^ ^ , \ ,t tti a nnint Jliii 

-' I ? T I T.I J II IJ I t ^ 1 ^- „ . I 1 TTT CT I P T_TTI IT t-TTTT 

yards from Davmarkor 3ier 4 33 s - 34- 
34^ N - 34^ 34: 34-: Wt thence Fe»- 
faftg 403^ 34 te a peart 33^ 34: 331 
N- - 34^ 33: 30^ Wi- thonco running 
040^ 34 te B e acon e** 4r thenc e 
runnint* 015° 34 300 yards te a point 
»» sftftfe 33°- 33: 33^ N - 34^ 33- 43- 

Wt 

(39 A41 coastal waters north aert east- 
ef a liae b e ginning at- a point e» 
shore west ef Lower Dowry Creek 
331 33: 34^ 2v - 34^ 33: 33^ W-' runnmg 
433a 34 4^30 yafes te a peart 3U0 
yards north ef Davmarkor 33*7 44 33- 
34:33^N.-34^33:40^W- th e nc e 
easterly parall e l te the marked navi 
gat ion channel at a distanco ef 300 
yards te a point e» the shore north 
west ef Wilkerson Cr ee k 33^ 33- 43- 
3, . 34 - 33: 34: Wt 

fV44 Art coastal waters south ef a h«e 
beginning e» shore south ef 
Wilk e rson Gfeek- 33^ 33: 03^ 3i - 34- 
33: 30: W- running westerly parallel 
te the mark e d navigation channel at 
a distance ef 300 yards te a point 
south e ast ef Davmarkor 33>r 44 33- 
34303i3;-34i33:34^W-t thence 



64 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



running 30££ Mtea point eft shore 

(VII) Ah coastal waters bound hy a 
foe beginning e«- C f horo east- ef 
Duranto Peat 34: 344 34^ 4i - 362. !¥■ 
34 1 W running 34?^ 44- to a point 
southw e st ©f Davmarkor rWr 44 34^ 
^4_0^;>;_%i^:^:WT rheaee 
westerly parall e l to the marked navi 
gation channel at- a distance ©4- 300 

thence running 4-&Si Mtea point at 
the si* foet depth contour between 
Beacon rv&r 4 a«4 the eastern ohoro 
ef Pungo few 44£ 30: e$i ^ . 1&. 
34: 3£4 W-r thonoo following tiae si* 
feet depth contour to a point 34^ 3&: 
mz ^ _ 14,1 ig. 43^ Wt thenc e 434: 
44 to a ©emt e» shete 34: 3$: 00^ 4J- 
- ^a A3: 3^ Wt thence 444: 41 to a 
point at the si* feet depth contour 
^137:40^N-7^33:4^Wih- 
cluding the waters e4~ Sladeo Creek 
aft© it* tributaries; thence 209' 44- to 
a point ©ft shore 34: 34- 33^ >i - 34r- 
33: 344 Wr thence 34=4 44 to a point 
at the si* feet depth contour 34^ 34 
4$i ^v - W- 33- 43^ Wf thence 
southerly following the si* foet depth 
contour to a point south ef Sandy 
Jtotftt 34^ 3^ 34^ X - 1&- 33- 444 Wt 
thence 087' 44 to a point e» shore 
3^34:34^>;-^:33:34^Wt 

(VIII) 4« that a*ea bound hy a fee 
beginning at a point e» shore 34- 2&- 
2& 4, - 44^ 33: 444 W- running 444: 
44 to a point at the si* foet depth 
contour 3J£ 3^ 04^ N - J&- 33:444 
Wf thence southerly following toe si* 
feet depth contour throughout 
I'ortescuo Creek to a point eff 
Fortescuo 44eek- 34^ 34 444 4r - 444 
34 004 Wr thence 4444 M to a pemt 
»» ^©?e 344 34: 344 4, - 444 33: 044 

(4X4 4» that afea bound hy a foe he- 
ginning at a point ©» shore 34: 34: 
204 4r -- 444 33: 044 W running 3444 
44 to a point at tfo si* foet d e pth 
contour 34: 54: 444 X - 444 33: 4&1 
Wf th e nc e following the si* foet 
depth contour to a point 400 yards 
west ei Currituck Point 444 3-h 304 
>, . ?g ^ «: Wt theftee 
southeasterly parall e l to the shoreline 
an4 including Abel 43ay at a distance 
e£ 400 yards to a point at foe inter 



section ef tfo foe from Pamlico 
Eeiftt t© Willow Eefot 344 33: 004 jv 

(44 4ft 44©y River west ef a foe beginning 
it a r^r^'.^t ~^» \ 4.-.T1. d^.^+ 3 s° nn j n">" XT 

?^ 33: 00^ W- running 033^ M to a ©eiat 

e» 4^ay 4tofo 34^ 44: 03^ X - ?4^ 3+: 34^ 

W-r pets fftay he «set4 i» tfo following 

areas: 

(i) 4ft that area beginning at a point »» 

Maw- Jieiftt 34: OO: 03^ J4 - W- 33: gai 

W7 running 04-&: <V4 to Green 

Daymarker Ner 4f thonoo 333^ M to a 

point eft shore m iPisherma ft 43tw 34- 

©o:44^N-%^33:34^Wr 

(«4 4ft Fisherman 43ay bound hy a foe 

beginning, at a point »» the shor e west 

ef Maw Peiftt 34^ 00: 4*: X - ^ 33: 

03^ Wf theaee 344^ M 3300 ya*4s to 

lighted Beacon N©r 3 ift 4iay Riv e r; 

thonoo 330^ M 4300 yatos to a peiftt 
^~ tLa ^^" — 1S2 in' ">/i" v. n^ ia- r\r\" 

(ih) 4ft tlaat area bound hy a foe b e gin 

rfflTC CTT CT tTOTTTV t_*I I 1 1 IV CUJil PTTTTT^ CTT L11L- 1 

mouth e4^ Bonners 4^a¥ 34^ 40: 04^ X - 
14£ 34: 44^ Wi ti^ftee 304^ M 300 
vards to a point i» 43av River, 34: ±Q1 
4441 X - %2. 34: 30^ Wf thenco parallel 

TTT vTT^ ■'! H "r^^TT^Cr rKT r T IT7 1 V 1 1 ICQ I ITT7T3 Till U'J 

from shore to a point i» 4^ay River 34 s - 
44:40^N-?4^34:43^Wt thence 44^^ 
M to a point eft shore 34^ 40 1 ¥^- X - 
%i^4:43^Wr 
(h>4 4ft Bonner 43ay bound hy a foe he- 
ginning at a point e» the east shoro 34^ 
444: Q4^ N - ^4^ 34: 44^ W running 304^ 
M 300 ya?4s to a peiftt 34^ 444: 00: N - 
34£- 34: 34^ Wf th e no e paraUol to the 
shoreline ae mor e tha» 300 yards e44^ 

,-K,^ r ,^ »ck a ooiol T^° DO' 1 ^" \l _ T ^° 3 1' 

J 1 1 U 1 D IU Cr LJ O ii 1 L .J J V 7 1 U T^ i u J 1 

34^ W- thenco 09^ M 300 ya*4s to a 
pefo eft she*e 34^ 00: 44: 4i - %^ 34: 
44^ W. 

4v4 4» Bonnor Bay, Spring Cre e k aft4 
Long Crook south ef a foe beginning 
at a point e» the east shor e 34^ 00: 44 1 
y - 14£ ££. 441 W running 344^ M to a 
point eft the west shore 34^ 00: 44^ 4i - 
?&■ 34: 43^ Wr 

(vi4 ift Bonner I3ay bound hy a foe he- 

^.1 111 1 1 1 1 ^i, rrr cr i.n.Tii n rrrr cm ^ l ji jiiui i- 1 ^ -•' 

©a: 44^ 44 - 1&- 34: 44^ W Feftft»g 004^ 

M inn luxsAs to. a. aoiai 7s c QjfV 1 T" M _ 
i 'jv Tin us try cr uh^ti i i z ^- w- o .' 1 .j t^ 

74^ 34: 30: W-f thenc e parallel to the 
shoreline He more thae 4440 yards eli^ 
shor e to a point i» Riggs Cr ee k 34^ 00 1 
441 y - 1&. 3£L Q%L ^k thence 443^44 



NORTH CAROLINA REGISTER 



65 



PROPOSED RULES 



to a ©©tot- ©ft >fe©re 44^ 00:44^4.-44^ 

4v©4 to 0w4 »fea bound Oy- a few begin 
ning ©» Ow south shore ©4 44ay River 
w*s*©4 44e44 *i*4«4- 44: m 404 4.-44: 
40: 00^ W- running 444£ 44 to a peart- 
200 ya©J* offahoro 44^ ©0: 44^ X - 4to' 
4©: ©to W-r Oweee ft© moro ©4a» 340 
vuidf . from Ow shoreline to a point 4to 
©0144^ ^ - J4£ $&. 44^ Wf thonco 404- 
Mtoape«rt-4^QO:#e^N- 44^4^44^ 
W* t bunco 44*fe 44 to a point 44^ 00: 44^ 
jv - 4to 44^ 44-: W-t thonco 444: 44 te a 
P©«rt m 44wg* Greek 44^ 0©: 444: 4. - 1&- 
44- 4-4: Wf thence 444^ 44 to a point eft 
shore at- Ow mouth ©4 R4ggs Cr e ek 44^- 
0O:44-4;-4to44:44-W-r 

(viii) to Owt- area eft ©w south sfee ef 
44ay Riser bound by a few beginning 
at- a point ©ft shore at- ©w confluence 
&$ 44av Riser an© Trent Crock 44^ 08- 
24^ N - 4*4 44- 4X W running ©4to 44 
440 yards to a point 44- 08- 44-: 4.-44- 
44: 444 W7 thence h© more than 440 
yards from shore to a point 44- 08^ 4©^ 
i, - ?&. 44: 401 u© thonco 444: 44 to a 
point en- shore at- Moor e s Creek 44- 08- 
44-4.- 4to 40- 44- W- 

(+s4 to 44ay River a»4 Trent Creek west 
©4" a few beginning at- a point e» ©w 
s^Hito 4»« 44^0^34^4i-4^4^4S^ 
W running 04-to 44 to a point eft ©w 
Hortft stow 4P 08- 40- 4r - 44^ 44: 00^ 
Wr 

(*) to toat- area eft toe north shore ef- 44ay 
River bound by a few beginning at- a 
point west ef- Vandomoro Creek 4P- 444 
Sli ^ . 14£ 2£- ±x: W- running 444^ 44 
440 yards to a point 44- 444 44^ 4. - 

7 fv \ ' "10 " \\ '• t liii n ri 1 ! aa 11? < ma 1 1vm I Si I 

1 T .' „.' F >,' .* T * , tTTCTrXT^ I IT. 7 IIU'IV I I ICO I I - " r 

yards from shore to a point at- ©w con 
fl nonce ef 44av- Riser aft© Trent Creek 
^^08^44-:4i-54^44-4toW- thenc - e 
to a point ©» ©w north short? 44^ 04- 
40: 4; - 4to 44- 00^ Wr 

f?4} to Vandemere Creek north oust ©£ a 
few beginning at- a point eft (4w east- 
skere iii44- r 04^X-4^-4U:4^W: 
running 444- 44 to a point e» t4w w e st 
*ere 44: 44- 44- 4. - 4to ©o: 4to W-r 

f*44 to toat- afea bound Oy- a few begin 
ning at- a point at- t4w mouth ef 
N'and e m e r e Cr e ek 44^ 44- 04^ 4- - 44- 
4U- 00_ Wr running 44to 44 4O0 yatos 
to a pemt- to 4fev 444w 44^ 40^ 4£4 4i - 
44^ 44C QSi i^4 thence parall e l to t4w 
shor e lin e fte moro than 20(4 yards from 
shore to a point to Ifey- Ris e r 1 



e4 Boacon 4tor444^44440^iv-44>^ 
J^^W- thonco 444^ 44 400 vaftk to 
a fte«4 e» sfeere 44i 444 44^ N - 44^ 44^ 
44^ Wt 
(xiii) to tttat- afea bound W a few bogin 
ftfeg at- a point eft Sandoro Point 44^ 444 
444: 4i - 44^ 44^ 44^ Wt running 044^ 
44 400 vatos to a pefet- 44^ 44^ 44^ N - 
44^ 44^ 44^ Wf thence - following Ow 
ohorolino »e moro toa» 400 yards from 
shor e to a point fe 44av Riser northwest 
to" Boacon 44* 4 44^ 444 44: 4, - ^ 
3&. 1%Z W7 thonco 444- 44 400 yaf44 to 

a nnint i\r\ Uaa eLao 3 S° UX. -1 \." \' 7^ D 

44^44^Wr 

( VIU 1 I 11 t B '1 1 Mag hn|'i riiii»ii -^* -T. nni >^t .-» r-i 

V .\i * j in unjc U i vtj t 's. EJi rnznc ctr cr 1 1 *ii 1 1 ui i 

si^fe 44^44-04^'>4-44^44^44^W T 
running 444^ 44 4O0 vardo to a point 
^ 44^ 48^ X- 44^ 44- 444 W- thonco 
parallel to t4w ohorolino »e moro than 
400 vardo from shore to a point 44^ 444 
44-4.-44^44^ 04^ W- thonco 440^ 44 
400 vardo to a point e» ohore at- Ow 
mouth e4 44aw* Gfeek- 44^ 44^ m N - 

f*v4 4» tfeat area bound ey a few begin 
ning at- a point e» shore at- Ow mouth 
ef Gale C4*wk- 44^ 44^ 08-: 4. - 34£ 44 
44^ Wt running 4444 44 400 vatos to a 
peftft to 44ay- R4swf 44^ 44^ 08^ 4. - 44^ 
4S- 04- 1 Wj thence running parallel to 
t4w shoreline at- a diotanco ©f- 400 yards 
to a point fe 44av Riser 44^- 44- 44^ 4r - 
44^ 44: 44^ W4 thence running 444^ 44 
400 sards to a point ©ft shore at- Dump 
Greet 44^ 44- 40^ 4i - 44^ 44^ 44^ W, 

(xvi) to Gale Crook e xcept toe Intra 
coastal Waterway north ef- a few begin 
ning at- a point eft 0w woot ohore 44- 
44-04^ 4i - 34£ 44: U^ W- running 048^ 
44 to a point ©«• Ow ss e st ohore 44^- 4-4- 
08^ 4, - 44^ 44- 44: W-r 

(xvii) to as- area bound by a few begin 
ning at- a point en Ow eastern shore at- 
Ow mouth ©4 Rockhol e 44a¥ 44^- 44- 04- 
>, - 44^ 44- 44^ 3A4 thonco "4444 44 400 
vardo to a point fe 44av Riser 44: 444 
4U- jv - 4to 43: 0OI Wt thence east- w-Oft 
Ow f+sw foto curse 1 100 sards to a point 
^^4444to'4;-44i44-'4to'W-T thonco 

nnn° U ts'n ,-.„l.. 1,. tt nnint : in P-i-- 

jtoHrt 44^ 44- 04: 4. - 44^ 44: 44^ Wt 
4G4 to Ow Nouso Ris or a©4 West 44ay- Ar e a 
south a©4 west ©4 a few beginning at- a 
petot. ©» 44aw 4to»t- 44^ 001 03^ N - 44^ 
12L 001 w-r running 444^ 44 through Ow 
Masv Point Shoal 44ay- Mark e r 44* 4 aftO 
through Ow Neuse River Hntrance 1 ight 



66 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



to a point at fee mouth ef West Say 35°- 
pr nn" XT _ n ^ ->\ ; < y uz. n n t- m-i" v.,-. 

set- to toe following areas: 

(4) Att coastal fishing waters northwost 
ef a fee beginning at a point at toe 
mouth ef Slocum Crook PP PP OP N 

- 74°- 4P 4^ Wt running 030°- U to a 

} i,-nnt -1 t ♦ 1 1 .-i t >~t t -\ 1 i f Vi .--1 T I J . i ■ i n 1 i' 1 r.i.ilr I N 
^ ' II II CTT I II~ 1 trVU I IT PTT IJLU1 UJ ^.'1 L\- IV ..TP* 

fwv n^" X _ "^ sT 1 V ILL Pnt - m-i v 

aPe be set to coastal fishing waters ef 
Gooso Bay afe Upper Broad Creek, 

I * t \ I n t ti a t aja 1 1 i Ki-\un , 1 P* i [ •"! lm.i !j^flinnir\Q 
I II I TTT L I 1UI CXTCTX UUU11U *- T " II I IV \.'\. Z^ll [XTXTTXT 

at a point e» toe north shor e at Pfe 
ep*p PP40:ppp.-74 o -5P04:Wt 
thonce running 223' Pf approximately 
P40 vards fee toe FiveF to a point PP 
S&igzx..J4lS4i±4zy± thonco atong 
toe six feet depth curve southeast to a 
point at toe reek- jetty 34^ 58: Ofe N - 
542 40^ PP W- thonco" 044°- P* appro xi 
matelv P)0 yards to a point en- toe 
sbefe PP §&■ i& P - 74°- PP 4tP Wt 

(ife to that atea hound by a fee begin 
FHftg at a point e» toe north shore ap- 
proximately 500 vards west ef Piorson 
Pefe PP58:pPP-74°-44:38^Wt 
thence running 171' Pf appro xunatoly 
PP) vards fee the river to a point 34 s 
S&: ip P - 74°- 41k PP Wt thenc e east 
afe northeast along the six feet curve 
to a point to toe river *4^ §%r 4P P - 
74°- 4P PP Wt thonco eeO^ M appro xi 
matelv 700 yards to a point en- the 
shore 50 vards west ef ae existing pief 
^i^f^iX-T&i+^e-PWT 

(P4 to that afea bound by a fee b e gin 
ning at a point e» the north shor e east 
ef Dawson C-feek Bridge PP &■ PP P- 

- 74°- 4P 4rP Wt thonco running 3PP 
Pf approximately 500 yards to ©ay 
Marker Pfe 4 (entrance to Dawson 
Creek Channel); thence running east 
4PP Pf to a eefe 3<£ 52- 32^ N- - 74°- 
4P 4/fe Wt thence east afe northeast 
along toe si* feet curv e to a point 50 
vards west ef Day Marker Pfe 3 
(channel to Oriental) 35°- OP OP N - 
74°- 4P PP Wt th e nce 30P M appro x 
imatoly 400 yards to a point e«- the 
eastern tie ef Windmill Point PP OP 
4^ >, . 74 - 43: 0$I Wt 

fw) to Greens Creek (Oriental) west ef a 
hne at the confluence ef Greens afe 
Kershaw Creeks beginning at a point 
ee toe seeth shefe 35°- 04-" 2^ Pi - 74°- 
42: $¥■ W running 005^ M to a eefe- 
e« toe eertb shefe 4e^ OP Z&- X - 742. 

. 1 ' S ■ 1 \V' rt .~> m ^-» r.-\ t K o n / *\ lor.h- T rn rv\ 

1 — w-' 1 * t , rrrr 1 1 rr_T 1 v ttttttt i ^> 1 ui u j 11 u 1 1 1 



the shorelin e east ef this fee to toe 
Highway e^> bridge. 
(¥i) to that area bound by a fee begin 
ffeg at a point e» Whittaltor Point ee^ 
Qii ZJZ vj _ 542 4^ §^ Wt theeee Fee- 
pfeg 403 2 - M approximately eOO yards 
to a point m toe fwef ee^ OP 3e^ N - 

ttt~ nr *s 1 11 j 1 1 1 1^ i iiaj ujvj i rc 1 11c p'l n. rTTTTT 

depth oun'o north e ast to a point to the 
avef eff Orchard €feek ^e^ OP P^ X - 
741 jjiaiw- thonco 380^ M appro x 
imat e ly 000 yards to a point ee toe 
oastorn tie ef Cocldo Pefe ^ OP 20^ 
^.74^^37^ Wr 
(viir to that area bound by a fee bogin 
eieg at a point e» the north shore eeaF 
the mouth ef Orchard Crook e4£ OP e^ 
jv - 74^ PP »P W running P77^ M ae- 
proximatoly 400 yaf4& to a eefe P>^ OP 

*>*7" V _ ~l£° IT s,1" \^^. ti,,^„^„ „!„„„ iKn 

1- 1 T^ TW~ ^J I J I *^j WTOW ERRS L 1 IU 

sis feet cun f o to a point eastward; 
th e nce P74 2 - M 400 yards to a point ee 
the eeFtb shere 34^ OP e4^ X - 74^ 34^ 

43^ Wt 

(viii) to feat area bound by a fee begin 
ning at a point e» the north shor e ae- 
proximatelv 400 vards south ef Gum 
Thicket GFeek- P>^ OP PP tV - 74^ 34^ 
Pp: Wt thence running 132° Pf appro x 
imat e ly 400 yards to a point PP OP 4P 1 
P- - 74^ 3P 4rP Wt thonco along toe si* 

1 - i I •» t , hint h ni t r-i m ^v~ t L - j i i ■ n y/j t r^ ri r-, s~^ i «-% * t S - 
rTTTTT tTCTTTT UTTTTT CTTTTTTTTJcTTJ TTT Cl rT^TTTTT ^J _> 

OP PP iv - 74^ PP PP Wt toeeee PPP 
Pf to a point ee the shefe 400 yards 
Fteffe ef Gee* Thicket Greek- PS^ OP 
1%L N - 74^ 3P 43^ Wt 
(ix4 to Lower Broad Crook east ef a fe>e 
running 4&rP M through Re4 Day 

O 1 nfl.-.-ir ^^^^^ /I ?w. j-i tj^^^r^ th'Hi 1 S ( I t -nr,'l ■ - 

- " 1U1 lit 1 T^TTTT ^TT I ' \J 1 1 1 \J I V," 11 IU1 1 TT*i7 T U-l U. J 

from shore botwoon a hee running 188° 
Pf through fte4 Dav Marker Pfe 4 afe 
a fee running 228° Pf through Green 
Marker Pfe P Pots may net be set to 
Burton Crook, 
(-*} Piney Point Shoal Area, m that area 
bound by a fee beginning at a point ee 

1 1 IV-' ETO I LI 1 ^TCT^ \JI CT ^TT^CTv " i\ ^.TI ITT lrTTTTTTTr 

as \\ f adin ef Persimmon Crook) P5°- OP 
451 K - 74°- 3P 34^ W running 444°- Pt 
approximately P>0 yards to a point near 
the six- feet d e pth curv e PS- OP PP N 
- 74°- eP 44^ Wt thence south a«4 
southeast along the six feet depth curve 
to a point east ef fee eW Lighthouse P5- 
^4^jv-7423P43^Wt thonco 3SS°- 
Pt through the eie liglithouso to a point 
ee shoro north ef Re4 f^ty Marker Per 



NORTH CAROLINA REGISTER 



6~ 



PROPOSED RULES 



2 at the mouth el" Ijroad Crook 4P 44: 

43-: x - 74^ 44: 444 Wt 

(44) to toat afea bound by- a fee bogin 
ning at a point e» the couth chore ef- 

a lam R i- ~>S : 11c IT' V _ 1^ XX. TC" 

Wt th e nc e running 444 s - 44 to Maw 
Point Shoal ©av Marker Xer 3t thonoo 

9^33:44^^ 
fr4t+ to toat afea east- to" Sloeum Crook 

!->.. inn.l It \ I -1 ln-> i V-t i . n n ti 1 n r ~t ■ i f -1 r\nini I 
I *T * VI IVJ t ' F CT 1 1 T I V ( '1 1 1 1 1 1 ! 1 1 i, II I CT I ^1 111 J I 

49: Q3i $4. _ 942. §3: 43: Wt th e nc e wb- 
toftg 434^ 44 approximately 1 100 yards 
to a petto 44^ 49^ 43^ X -94°- 44:344 
Wr thonco along t4te st* foot- curve to a 
p^fe 44^4^:i4_:^.-9to44:4r>:Wt 
th e nce 176 : 44 approximately 444 yards 
to a petto 44^44:34^X-74i44:44^ 

(xiii) to toat afea bound by a fee bogin 
ning at a point 44- 46- 44- N - 4to -W- 
44-: Wt running 057' 44 approximately 
+444 yafds to 44ay Mark e r ^ eff 
Chemy Point; th e nco 0Q7~ 44 appro xi 
matoly 344 yard ', to a point 44- 44 1 444 
X - 94^ 444 37^ Wt thonco along toe st* 
teto curvo to a point 44- 44- 444:X-9to 
44- 4to' W- thonco 4-84^ 44 appro xi 
matoly 444 yards to a point eft Temple 
Jto»t"44i 44- 48- X - 74^ 4t4 4to' Wt 

(xiv) to toat- afea southeast to a fee be- 
gmning at a point at toe mouth to" 
Clubfoot Crook 44^ 44- 34- X - 7to 44- 
4^ W running 076° 44 to a point e» 
sfefe 44°- 44- 47-: iv - 944 44: 34: Wt 

fxv4 to Clubfoot Crook south to" a fee 

beginning at a point e» t4te east shoro 

4444:44:X-94^44-34^Wt running 

28 1" 4+ to a point eft toe west shoro 44- 
s.i' 1 1" v _ 2to is' 1 7" \y i>^t,~ „^,,- 

be set 44 yards from shoro north to" ttos 

(Kyi) to toat aroa bound by- a fee bogin 
ning at toe western fe to Groat Island 
^4^4^44^4,-94^4444^^4 thonco 
running 275' 44 approximately 440 
yards to a point 44- 44- 44- X - 94 s - 44- 
47-: Wt th e nce 029° 44 approximately 
4440 yards to a point 44- 44: 34-: X - 
94^ 44 4S-: Wt thonco 43to 44 to a petto 
jU4^:(44^X-7^4X4^Wt thonco 
444- 44 to a point eft Groat Island 44- 
iii54_^.-54-44-47-Wr 

(xvii) to that atea bound by- a fee be- 
ginning at a point west to" Long Crook 
44-44-48-X-7to44-4-8-W running 
444^44 toaptoto 44^ 44- 47-: X - 94± 

.1 I .11' A\ T - tl-,.in,~,-i 1 ^C : \ f t,-> a. r-.i-.i^-.t Qfi 
I ^ I *J " ' . 111^ IIVT- I ^.' V ' J * I \\J ~ T^T^TTTT \J 1 1 



shoro at the mouth to" Groat Nock 
Gfeek- 44^ 44: 44^ 4i - 94^ 44: 44^: 3A4 

(xyiii) to t4»t afea bound by- a fee be- 
ginning at a point at tfte mouth to 
Great 4reek Gfeek 44^ 44^ 4to' X - 94^ 
4to 44: Wt running 4444 44 944 yatos 
to a peito 44^44^44^X-94i44:49-: 
Wf following t4>e shorolino && moro 
than 944 vardo from shoro to a point 
i Wii^44^rV-94^44:44-:WT thonco 
444^ 44 944 yards to a point »» shoro 
at Courts Crook 44^ 44^ 42^ jv - Tto 44; 
44^ Wt 

(xix) to toat area bound by a fee bogin 
ning at a point »» Courts Crook 4-4- 44: 
431 4; - 94^ 44: 44^ U4 running 444^ 44 

94^ 44: 44 1 W4 thonco parallel w+to toe 
shorolino »©• moro than 1000 yards to a 
petto 44^44:44^rV-94i44-44^WT 
thence 44to 44 4444 yards to a point en* 
sfefe MZ 59: 341 N - 94^ 44: 44^ 5A4 

fx*f to toat *f** bound by- a fee begin 
ninQ at a point e» shoro, 44-- 47^- 44^ X 
- 94^ 43- 44: Wt running 444^ 44 to 444 
yatos to a ptoto 44^ 44^ 44^ X - 94^ 43- 
4to iA4 thonco running parallel to toe 
shorolino a» more than 444 yards from 
shor e to a point 44^ 49^ 44^ X - 9to 44- 
4to' 344 thonco 444- 44 to a point 4P 
49: 34: X - 74^ 44- 44^ Wt thenc e 344^ 
44 to a point e*t shor e at toe mouth to" 
Adams Greek- 44^ 47^ 33^ X - 9to 44- 
44^^44 

(xxi) to toat area bound by- a fee begin 
fttog at a point t*» toe northeast skie ef 
Adams Gfeek 44i 44^ 4to' X - 94^ 4to 
3&: Wt thenc e 394^ 44 334 yatos to¥- 
shoro to a point 44-49- 4to' X - 94^ 4to 
44^ W7 thonco 44^t 44 to a petto eff 
Winthrop Itotto 44^ 4r4 34^ X - 94^ 4to 
S4> Wt thonco running 056° 44 to a point 
eff Gedaf itotto 44^ "44- 47^ X - 9to 4to 
44: Wt thonco 444^ r^4 to toe shorolino 
e» Gedaf xtotto 44^ 48- 444 X - 94^ 44: 
444 W> 

(xxii) to titat afea bound by- a fee be- 
anning at a point e» Codar Point 4-4 
44- 44: X - 9to 44: 44-: Wt running 434^ 
M 740 yrifds to a p€*tto 44^ 44: 4r4 X - 
94^ 4to 44-: Wt thence parallel to t4%e 
shorolino fte f»efe than 744 yards from 
shor e to a petto 44-^ 44: 44^ X - 74^ 44: 
344 Wt thonco 447- 44 to a point ett toe 
sfefe 44^ 44: 444 X - 94^ 44: 34^ U4 

/win I I t-i t t-i ■ 1 t a£flfl KtTI in ,4 l-t t - ' i lin.i li^^ 

1 Mill J III 11 IUI HI LU C *\J U11U T ^T CT nTTv 1 717 

ginning at a point e» toe shore 4-4 44 1 
44^ X"- 94^ 40- 34-: W running 449^ 44 



68 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



to a pewt 44^ $¥■ ©4^ 4* - %£ ^ 34^ 
Wf thonoe parallel to the shor e lin e ee 
moro theft 30© yards from ohoro to a 
pewt M^5^&^^-%^^4^Wt 
thonoo 444°- 44 to a point e» chore 44°- 

(xxiv) fe that- a$e bound by a Iwe begin 

I I 1 1 I „ CTT CT I .H.7 I 1 1 1 TT V .Jl CTT ".JUl L'UtAJlI v_^l UVIV 

34^^g^j4-9^^4^W 7 running 
004°- M 74© -rafds to a pewt 44°- 49^ 3*: 
X - 1&l ag: 44^ Wt thence parallel with- 

E 1 IV Ul II J 1 U11I IKJ rTTT 1 1 1 U 1 O TTTCTTT T _T7 I U.1 UU 
T «-.-» -r-*-t ^Jt^yj-^ ♦ i~l <*. nnn-i< QTJ IJ^^Uli^^^ I «-,».. 1 

TTTTTTT LTI ^J I V TTT CT \"\J\TTV \J\l U l\J H 1IU CTCCTC 

^i0^3^N-?^^-4^Wt thesee 
1 72° 44 to the shorelin e e« the woot siee 
ef Browns Gfeek- 44°- 49^ 44^ X - !&■ 44^ 

(jaw) 1ft thet atea bound by a fwe be- 
oinning at- a point e» shor e at the 
mouth el Drowno Greek- 4+°- 49^ 44^ N 
_ 94s 33: 301 5*4 running 443°- M 44© 
v«4s to a pew* eft 44°- 0©: 33^ 4; - 44°- 
44: 14- Wt thence parallel to the 
nhoreline no more than 44© yards from 

tkaa t n a. nnint 7S° 07' S£" iil _ If," ~>Q' 

L'llUll. TTT CT pUTnT TTT" U^/ «," V 1 * ' (J J-"-J 

S£i W-t th e nc e 444°- 44 740 yaf4s to a 
point e» chore north ef Rattan Say 44°- 
04: 4ei N - 44^ 2& 43^ Wr 
(xxvi) -1ft that afea bound by a bee be- 

/n «-i «i < »-i i-» /in * 1-. .-* n Q «-i l~i ^-JjJ^a . I I 1. ill m I i ■ I \ 1 

i^T^TTTTTTc^ TTTT vTTTr TtT^TTTT ^^T^TT TTT ^^^t^^^^^^T 1 3rd j 

at a point eft tfte shoreline 5-^ ft^- 44^ 
j4 - ^4i 3^: %g. Wt thence running »44^ 
M 400 yardo offshore to a point 44^04^ 
4-P N - 34^ 3^ 43^ Wt thence running 
parallel with tfte shoreline 400 yards 
offshore to a pew* 44^ 04^ 00^ N - ^ 
34: 44^ Wt thence 349^ U 400 yares to 
a pewt- e» sftere 44^ 04^ 4?^ N - 54^ 34^ 

001 Wr 

(xxvii) 1ft Adams Creek: 

(44 between a Iwe running 080° M- 
througli fte4 Flasher -Ner 4 at the 
mouth ef Adamo Creek ae4 a Iwe 
beginning at a point e» tfte south 
shore ef Cedar Creek 44^- 44^ 43^ N - 
54^ 48^ 40^ Wr running 394^ M to a 
point eft tfte west shore ef Adams 
Gfeek- 44^44^Q4^N-44^4^3^ 

f I j rTTT 1I1U1U 1 1 1U.1 1 ETTTT I Ul U J rTTTTTT 

shore, 
4144 between a Iwe beginning at a point 
at tfte mouth ef Cedar Creek 44- $£■ 
$21 N - 94^ 48^ 49^ Wt running 394^ 
44 to a point e» tfte west shore ef 
Adams Gfeek 44^ 44^ &4^ X - 44^ 49: 
34^ Wt ae4 a Iwe beginning at a point 
eft tee east- shore 44^- 44^ 44^ 4> - 44^ 
49: 44: W7 running 38ft^ 44 to a pewt 



.... |U ,.. rr t -^U„ — 1/1° </T Cg* JJ Tt° 

VJl I 1 1 IV " I.UI OTTTTTTt J T \J T w* ^ 1 * TTT 

,1 T^ I ii 1 ^^^- «^i-v mam <k«i»-» t/iil ^ 1 ■ .*-. 1 ,- 

^^^^ TTT^ f T i rTTT mTTTTT II 1UI I jTrTr ^TrTTIW 
^r^TTTT CI IV TTT^^Tr RTTTTTT? LUITJ Ts^TV TIU UD 
tTTTTTT tTTW OCfOr BTTtTTtt? 

fH44 couth ef a foe boginning at a 
point eft the east ohoro 44^ 44^ $¥■ 
N - 44^ 39^ 44^ Wy running 384^ 44 

\\J CT ^T^TTTTT CTTT 1 1 IV '1 VUl nTTTTTT? J f ~ Jf I ' 

^iN-44^ 40: 04^ Wr eseept- w the 
markod navigation channel, 
(xxviii) l» South River: 

t44 oouthoaot ef a foe boginning at a 

L"-J llll CTTT 1 1 IV UUU 111 II L. Ul OTTTTTT? J f ■ tTTT" 

4^ N - 44^ 44: 34^ Wr FHftftwg 049^ 
44 through Red- Flaohor Ner 3 to a 
point eft the northeast choro 44 s - 49^- 

07" M _ "7A XAL ^" ML. aa. — ^^ <U„„ 

Vj • I * ' '-' ^> 1 7 S TT] rTTT rTTTTTTT III III 1 

300 yards from the shoreline 
(444 that- afea bound by a foe begin 
Hwg at a point e» the southwest 
skefe 44^ 48^ 44^ 4i - 44^ 44^ 34^ W-y 
running 040- 44 to Red Flasher Ner 
3> thenc e running 304^- 44 to a point 
eertft ef 14afdy Greek- 44^ 48^ 44^ N 
- 44^ 44: 33^ W^ thence following the 
shoreline to the point ef beginning. 
(xxix) fft Turnagain Day: 

(4) between a foe running 044 2 - 44 
through Groon Flaohor -Ner 4 aee a 
Iwe boginning at a point e» the east- 

1 1 1 1 V 1 1 V ^} I _■ J \3 I I ' I VJ i^~ \3 I I T j 

running 276° 44 te a point e» the 
— r-t ,-u„,^ -1.1° «v ni" vt _ -7f.° to; ~iq" 

11 L'Jl oTTTTTTT ^J I _' J \J *J T^T TV E y BT7 

\ \ »*t ft ja^^^rti ffion 1 1 II I 1 inr/iip j~\ f) tjiil 

^^^^y rTTT TTTT^TT? TTTC^TT ^TT^tr TT^mTf ^^TT mv 

■ lift cjT^^j-a o n /4] 1 I II I ^^j-j^^ on Uiii 1 \ ' i \i t 
VU^Tl CTTTTTTTT Ul 1U I \f \J TTTTTITf CTTT II IV TTUOT 

chore. 
(H) between a foe boginning at a point 
eft the east shefe 44°- 49: 04^ N- - 44°- 
3» 04^ Wr running 344°- 44 to a pewt- 
©» toe west shefe 44°- 49: 04^ N- - 44°- 
39 1 38^ Wy aftd a foe boginning at a 

tTTTTTTt vTfT TTIt? OU 1 nTTTTTTJ J f ' ' TT™f^ ^?TT^ 

N . 74^ 39: 34: Wy running 344°- 44 
to a point e» the woot ohoro 44°- 44^ 

CO* VT nc,° ->n< A ,1 " \U or. ™~~~ tVn n 
^*^t 1 * r v e 7 i t 1 ' ! nrr 1 1 iu 1 v 111 m 1 

440 yardc from chor e . 

(xxk) fft Cod or ftay east ef a Iwe begin 
ftwg at a pewt 44°- 00^ 44^ N - 44^ 39^ 
43^ W- running 034°- 44 to a pewt- 44°- 
0^09^4;-44 o -39:44^W 7 ftet- we*e 
than 300 yards from the ohoroline. 

/ vv v 1 V I r\ \ \ J 1-1 g « linw \ Mt-th D-iw ajafl i 

^tT7TtTTT 111 I I VU L TTCTT I ~ TTI III TrTTIT CTrCTTT 

(4) ift that afea bound by a foe b e gin 
Hies at a pewt 44°- 03^ 43^ N - 44^ 
33: 37-: W-t thono o oouthwoot 330^ 44 
to Marker 4tor & Wftt thonce couth 

PrlST, J VT I I V| TTT CT rTTTTTTT rTT T 1 T t?T.ll LTVl Y 

441 00: 44: 44- - 44^ 34: 40^ W7 theftee 



NORTH CAROLINA REGISTER 



69 



PROPOSED RULES 



southwest 18 ' l° 44 to Deep Bend 
Jtofe 441 *%■ 46^ X - ?&■ 34^ 4^ Wf 
thence following the shoreline el 
Woct 8ev a«4 North ftay to a point 
44^&g:QUiX-4to , 34-44^Wf thunco 
41/7^ 44 to the beginning point. 

(44+ i» West ft«¥ bound by a fee be- 
ginning at- a point ©ft chore 44^- 04- 
4to' X - 3to 36^ 34-^ Wt running 044^ 
44 -Wtt yaf4s to a ©©iftt- 3P 04^ ^^ 
X-4to 3to XU Wf thenc e parallel to 
toe shoreline fte mor e than 400 yards 
from shore to a point 4P 00^ Oto X 
-J&. IS- 34^ W, running 34S^ M to 
a pe«t ©ft- skera 44i0f6 06^ X -54^ 
34-3to' Wr 

(111 ) i» West -Bay- bound by a fee be- 
ginning at- a point 44- 00- Oto X - 46- 
44: jfti Wt running 00»i 44 400 yafds 
toap©ffti4toO0-0toX-5to34-43-: 
Wr thence 444-i ^4 3800 vatos to a 



5*4** 44^ 48-4toX-5to34^43^Wf 
thenc e 340- M 4400 yards to a point 
©ft sh©f© 44^ 48^ 40-'X - 46^ 34^ 33- 

Wr 

(xxxn) to W e st Thorofar e 14ay a»4 
Merkle ftay south a©4 southeast ©1 a 
fee beginning at- a point ift West ftav 
at lump Peifit 44^ 48- 43- X - 4©i 33^ 
44- Wf thence southwest 344- 44 to 
Marker F4 R44 fc OM >i Wftf thence 
southwest 304^ 44 to h-©fts Ife- Point 
44^ 44^ 44- X - 46- 34- 43- Wr ' 
(xxxiii) to Long Hay: 

(44 i» that- afea bound by a fee begin 
ning at- a point ©ft toe south s+de to' 
Stump -14ay j» 1 ong 14ay 44^ 43- 44- : 
X - 56- 35- 43- Wf running northeast 
077' 44 across Stump 14ay to a point 

T 1 J sT "JO" v. ~?<-- ~>s' si " W- tU..„ ... 

043^ 44 to a ffeftt- 44^ 484 40^ X - 46^ 
3©- 33- Wj following toe shoreline to 
toe beginning point 
f44y southwest to a fee beginning ©ft 
toe west- sh©f© 44-^ %¥■ 44-^ X - 5to 34: 

43- W-r Rinnmg 444- 44 to a point ©ft 
the east- shor e at- Swimming Point 44- 
£&. 4to X - Tto 3to 3to WT 

i» the afea bound by a fee be- 
gi nning at- a point »«■ shore at- Swim 
ffttfte Point 44^ 4e- 46- rv - 4to 36- 
3to Wr running 444^ M 400 yaiO* to 
a ptoftt- 44- 46- 43^ ©. - 5to'36^ 2^ 
Wf thence parall e l to the shoreline ft© 
mor e than 40U sards from shore to a 
©tftftt- 44-4*-0to'©i--4to 34-40- 
W4 thence 304^ e4 to Long Bav Point 

44- 45- 43- ©, - 5to 44:43^Wt 



(xxxiv) Raccoon Island, ©ft the northeast 
shore between a point ©» the northwest 
sbew 4©^ 04^ 3^ X - 36^ 3to 46^ W a»4 
a point ©ft the southwest shore 44^ 04^ 

00^ X - 46^ 34^. 44^ W frntn thu 

U O T^ ' O ETT" JJT TT' rTTTTTt tilt? 

shoreline ft© mor e toa» 440 yards from 

rnnnv on tHt^ ■ i^i il h a n r "t u ''"•* rl-»^> *•.->■■- nn 

7TTT7TC7 C7TT 1 1 IV JU Hill UI IU 1 1 CRR ^TIT. 'I ^^ , rTtT 

more than 40 yards from the shoreline. 
fH+ Cor e Sound. Back Sound a»4 the 

Straits a»4 their tributaneu. 
(14 North River: 

(i) to thto etf^» bound by a fee beginning 

;+4- A pftuai cm t i*n^ rnnrrt nn * a a aaai ■ ■ . -1 . l 
crv cr p'otttt ltii li i\_* uiiui d rrrr ^r^tr ot I "' L ■ ] I tl L 

©4 North Riv e r south ©£ Goo so 8av 44^ 

44: 441 X - 46^ 44: 44^ Wt toe»ee'F©ft- 
ffeg 343-- 44 to a point » the f4vef 44^ 
4JP3to'X-46^4^44^Wt thence twi- 
ning Jxv 44 to a point t» the river 44^ 
4& 2QZ X - 46^ 4to 44^ Wt thence f©»- 
ffee. 06to 44 to a point » the riv e r 44- 
44: 44^ X - 36^ 44^ 04^ W^ thence wa- 
ning lb5 J 44 to a point ©» the shor e at- 
the mouth ©f South Leopard Creek 44^ 
4x4toX-?to44^4^W^ th e no e with- 
the shoreline to the point ©f beginning. 
f«4 h% that- afea bound by a fee beginning 

■ > * Q T-V . T t T-l t .-V T-» tllft 'I - 1 1 ■ - « .-«-•! Q AI A J-1 T-t V-L 

II r CT pTTTTTT CTT I 1 IV f I V_ .' I JIUL TTT ! * U I 1 1 1 

River fteaf Steep Point 44^ 44^ 4to X - 
46^ 4^ 30^ Wt thence running 040^ 44 
to a ©©tat- 4to 44:44^X-3to4to46^ 
W-r thenc e running 3t)4- 44 400 yards to- 
ft jHftftt- 44^ 44- 44^ X - 46^ 4to'44^ Wf 
thence running 21Q" 44 to a point 44- 
4+ 44- X - 4to 44: Oto Wt thence fttft- 
ftiftg 404^ 44 to a ©©fe 44^ 44^ 46^ X - 
46^ 44: 43^ Wf th e nc e running 04*^44 
to a ©©tftt- 44-4x30^X-4to46^4to 
W following the shoreline to the bean 
ning point. 
(fe) 1ft that- afea ©1 the North River 
marshes bound b¥ a h«e beginning at- 
fte4 Flash e r X©r'6 running ~QZ$2. 44 
along the southeast stoe ©1 Steep Point 
Channel through R-e4 Oay Marker X©r 
iig^ to a ffeftt"44i 44- Oto' X - 46^ 4to 
43^ Wf thenc e 434- 44 to a point 44^ 
4©:4^X-56^46^0^Wf thence 44-£ 
41 to a p©fe 44^ 44: 4to' X - 46^ 44^ 44^ 
Wf thence 4£to 44 to a ©©mt- 44^ 43- 34^ 
X - 4to 44^ 44^ Wf thence 334^ 44 to 
R-e4 Flash e r X©r ^46to thence 354^ 44 
to a p©fe 44^43^44-:X-46^4to44^ 
Wf thenc e 44to 44 to a ©©fe 44^ 43^ 
44^ X - 1&- 46^ 4^ Wf thence 00£4 44 
to a ©©fe 44^44-44-X-36^46-4>4 
Wf thence 318" 44 to the beginning 
point. 



70 



KORTH CAROLINA REGISTER 



PROPOSED RULES 



(*v} to. that afea between I onnoxvillo 
marshes an4 Goose ftey- bound by a 
fee beginning at- a point M 2 44 1 44^ N 
. ?$» 34i 44^ W- thenee running 4^to 

M 1 nnn . ,.,,,-1^ ux a aaiai 3 - ' /I 1' n/l " 
T^^tT^ T Ul T3 TTT CT J- *-* 11 1 1 *J I I I U I 

>; ^?4L 34: 4?i W-t thence running ©04^ 
i4 4484 vaf4s to a f*4to 44^ 44^ ©4^ N 
. J&- W ©^ W-t thence running 09^ 
44 30© yatos to a petto 3-4* 44 ©$4 N - 
741^100^ W-t thence running 44C4 44 
3434 vatos to a petto 44^ 44^ 4©^ 4- - 
1&. 2^L 341 W-t thenc e running 334^ 44 
44© yardo to the beginning point. 
(44 Newport River: 

/ 1 \ I r\ th'it .-..-. w . 1-w -i i iru-| Vi i [ I i Liii^ ill ' i 1 MI l Tl l fl l T 

TIT T^T I 1 ITJ I ill l_TI I 7^3 U1IU l.' T CT 1 1 1 1 V.' I 'V. i.1 111 QCcTE 

at a point e» the south shore 44^ 44- 
m^±-l& 44^44^ W4, thenc e running 
036° 44 to a point ett the north shore 
to Newport Rwef 44^ 44^ 44^ ^ - 1&- 
4-3- 44^ W-t thenc e with the shor e line to 
Deacon 4tor 34 m Core Creole; thenc e 
couth with the Intracoastal Waterway 
to a point near Newport Marshes 44i 
44:»4i>;-44^44^4^W-t thence 344 
M to C-fab Petto 44^ 44- 44^ X - 34£ 
43- 4-3^ W-t th e nc e with the shoreline to 
toe beginning point 

i 1 1 * ^^i ( 1 i. . j. 1 j r . * f l^^^^^t^^i r~h\ I • i 1 1 1 . ^ hi ii 'i ih n i >i ' 

*^T^^ ^^^ ^^^^^T c^^^^^T T^^^^^^^^^T \ i T CT rT^^^T 1 'L ^i nun i j, 

at a point e» the shore ee the south 
<44e to Russell's C-feek- 44- 44- 3>4 4* - 
%i 4^: 441 W- running 344- 44- 44©© 
yards to Quick Flash e r Beacon 44tr 3© 
to toe Intracoastal Wat e rway; thence 
running 444^- 44 44©© yards w4to the 
sheto to a petot 44^ 44 44^ 4* - 44^44^ 
041 W-f thence 444^ 44 4©4© veto* to a 
ptoto e» Gallant Point 4+i 4-4 ©4^ 4i - 
44^- 4©: 44-^ W-t thence east- atto north 
with the shor e lin e to the beginning 
point. 
(44) In- the mouth e£ llarlowo Creek 

J^^^^^^-l ^^A lab I t 1 ^ I v^iHl ^j-tiltil i^A -X * j I 1 * 9 i * H,L if 

rTTTTTTT \Jl CT III IX,' I 17C] I 1 1 1 1 I I E, CTT CI I f \.f 1 1 1 1 1 1^^.11 

W44te Reek- 44^ 44: 34^ 4i - 44^ 44^ 34^ 
W-t running ©44^ 44 to a point 44^ 44^ 
HZ^.j&L 43^44^V\4 
(444 Dogu e Sound: 

(+} to that afea bound by- a h4e beginning 

at a n ni nt J 1 : dX. 1 A" X _ 2 6£ JUl ">■!" 

W e« the south she) re to Bogue Sound 
(locally lenown as McGinnis Point) 
running 008° 44 to a point to Boguo 
Se+Hto^ 44^ 43^ 4; - 44^ 44: 34^ Wf 
thence running 09^- 44 to Atlantic 
B^aek B n dgQ 44^ 4r4 ©4^ 4. - 44^ 44 43^ 
W-7 thence 444^ 44 to a point e» the 
shete at Taj Landing Ba¥ 44- 43^ 04^ 
x; - ?&. 44^ 43^ Wi thence 44ki 44 to a 
point &H- Bogue Banks 4^4 43 : 4©^ 4i - 



4V 43^ 44^ W7 thence wto% the shor e Uno 
to the beginning point. 
(44 to that atea north ef toe Intracoastal 
Waterway beginning at- the Atlantic 
Beach Bridg e afto running parallel witfe 
the Intracoastal Waterway to Channel 
Marker (Beacon) 4tor 44 at Boguo 
(Guthri e Point). 

/iii'l In t n it ir^'i i mi thfl ri Q rt rt c-iAr* .-.f jU. 

\ "' J 111 II Hll U 1 \JU Ull I IK." 1 IUI I tt OTTK? TTT I lit? 

Intracoastal Waterway from the Q14 
Ferry Channel to t4e I Iighway 44 
bridge. 
(44 Designated nursery areas m ali coastal 
fishing waters which are listed to Rogu 
ktoe»44 NCAC 4ft .1405, e xc e pt Burton 
Creek toT Lower Broad Creek to Pamlico 
County. 
(3) From May I through October 31 in the 
Atlantic Ocean and west West and south 
of the Highway 58 Bridge at Emerald Isle 
from May 4 through October 44- in areas 
and during such times as time periods 
designated by the Fisheries Director shall 
designate by proclamation. 

(b) It shall be is unlawful to use pots in any 
marked navigational navigation channel main- 
tained and marked by State or Federal agencies. 

(c) It shall be is unlawful to use pots to int e rnal 
coastal fishing waters unless each pot is marked 
by attaching to 4 a floating buoy which shall be 
of solid foam or other solid buoyant material and 
no less than five inches in diameter and no less 
than five inches in length. Buoys may be of any 
color except yellow. The owner shall always be 
identified on the attached buoy by using engraved 
buoys or by engraved metal or plastic tags at- 
tached to the buoy. Such identification shall in- 
clude one of the following: 

(1) owner's N.C. motorboat registration 

number; or 

owner's U.S. vessel documentation name; 

or 

owner's last name and initials. 

Pots attached to shore or a pier shall be 
exempt from (a) (2), (a) (3), and (c) of this Rule, 
(e) It shall be is unlawful to use shrimp pots to 
internal fishing waters unless the with mesh 
length » lengths smaller than one and one-fourth 
inches stretch or five-eights inch bar. 

(0 Effcctivo February 4r 44444 it sheJ4 be It is 
unlawful to use crab pots in coastal waters unless 
each pot contains no less than two escape rings 
that are at least 2 5/16 inches inside diameter and 
located in the opposite outside panels of the up- 
per chamber of the pot. Peeler pots with a mesh 
size less than 1 1/2 inches shall be exempt from 
the cull ring requirement. 



(2) 

(3) 
(d) 



NORTH CAROLINA REGISTER 



"/ 



PROPOSED RULES 



(g) It shall fen* is unlawful to use more than one 
hundred fifty pots per licensed vessel in Newport 
River. 

(h) Any pots found in violation of this Rule 
may be removed by marine fisheries enforcement 
officers and disposed of in accordance with law. 



Statutory Authority G.S. 
113-221; I43B-289.4. 



.0505 RAKES 
It is unlawful 



113-134; 1 13-182; 



to rve- person shall use a rake 
more than 12 inches wide or weighing more than 
six pounds to take oysters or scallops. 



Statutory Authority 
143B-289.4. 



G.S. 1/3-134; 113-182; 



SECTION .0600 - USE OF FINFISH FOR 
OTHER THAN HUMAN CONSUMPTION 

.0602 UNMARKETABLE FOOD OR SCRAP 
FISH 

(a) It shall be is unlawful to land or dispose of 
finfish as trash or scrap fish taken m connection 
with legitimate commercial fishing operation 
which are unmarketable as individual food fish 
by reason of size, except that a quantity not ex- 
ceeding 10,000 pounds { 100 boxes) or 50 percent 
of the total catch by weight or volume, whichever 
is greater, per vessel or fishing operation per day 
may be: 

( 1 ) Landed and sold to a licensed finfish 
dealer, a licensed fish dehydrating plant 
or licensed finfish processing plant, and 

(2) Purchased or accepted by a licensed finfish 
dealer, a licensed fish dehydrating plant 
or licensed finfish processor. 

(b) It is unlawful to land or dispose of finfish 
ajs trash or scrap fish in anv amount that violate 
minimum size or possession limits established or 
referenced in 15 NCAC 3B .0105. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-185: 



SECTION .0700 - SHRIMP AND SHRIMPING 

.0701 USE OF NETS IN TAKING SHRIMP 

(a) It shall be is unlawful fef aav person to take 
t*f attempt te take shrimp by any method other 
that* a* set ea*t » Paragraph fe+ el tfei§ Rule from 
the coastal fishing waters erf North Carolina, be- 
tween one hour after sunset on any Saturday and 
one hour before sunset on the following Sunday, 
except in the Atlantic Ocean and as provided in 
Paragraph (e) o( this Rule. 



(b) It is unlawful >a> person &haa take en= at- 
tempt to take shrimp with a set erf a nets with 
mesh length lengths less than the following: 

(1) Trawl net - one and one-half inches; 

(2) Fixed and channel nets - one and one- 
fourth inches; 

(3) Float net - one and one-fourth inches; 

(4) Butterfly net - one and one-fourth inches; 

(5) Hand seine - one and one-fourth inches; 
and 

(6) Cast net - no restriction. 

(c) It sbatt be is unlawful fof asy perse* te- take 
&*■ attempt to take shrimp with a net constructed 
in such a manner as to contain an inner or outer 
liner of any mesh size. Net material used as 
chafing gear shall be no less than four inches 
mesh length except that chafing gear with small 
mesh may be used only on the bottom one-half 
of the tailbag. Such chafing gear shall not be tied 
in a manner that forms an additional tailbag. 

(d) It is unlawful to take more than 100 shrimp 
per dav Ne p e rson shall ase a ea*t Ret in a closed 
shrimping area te> take more than 4-00 shrimp pep 
4ay fof am- purpose, with a cast net. 

(e) Fixed nets, channel nets, hand seines, and 
cast nets may be used to catch shrimp in open 
shrimping areas at any time. 

[fj It is unlawful to use shrimp pots except as 
provided in 15 NCAC 3B .0504. 

Statuton Authority G.S. 113-134; 1/3-/82; 
143B-289.4. 

.0702 SHRIMPING SEASON 

la) It is unlawful to take shrimp with nets until 
the 4-be Fisheries Director, bv proclamation, 
opens H»y open e* close the season fef talcing 
shrimp through the ase erf aets in the various 
waters, by proclamation, based e» reasonable 
a«4 prudent management erf marine aarf 
estuarine resources. Any op e ning &f closing may 
be during aay hours erf 4ay e* night e* both aaa 
shall be specified at the time erf the announce 
ment erf saeh op e nuig e>f closing. If sampling 
indicates » a»¥ erf the coastal fishing wat e rs 
samples becom e composed primarily erf under- 
sized shrimp or juveniles of any other species of 
major economic importance, the Fisheries Di- 
rector may close such waters to shrimping and 
prohibit the use of aav- nets for anv purpose ex- 
cept other than cast nets as set eat provided in 
15 NCAC 3B .0701(d). fof aav purpose feg as 
long a* he deems advisable fof the prot e ction erf 
such populations, Ja ali possible cases pro mi 
aeat Prominent landmarks or other permanent- 
type markers shall be considered when 
establishing closure lines even if such lines extend 
bevond the area of concern. 



~2 



XORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) It is unlawful to take shrimp in violation 
of conditions specified by proclamation. 

Statutory Authority G.S. 113-134; 113-182; 
113-22/'; 143B-2S9.4. 

SECTION .0800 - CRABS 

.0801 TAKING OF CRABS 

(a) It shall be is unlawful fof a»y p e rson e* 
persons to take attompt te tak e , ef have » pes- 
oossion or possess aboard a vessel crabs taken by 
trawl in internal coastal fishing waters except 
during such times as the Fisheries Director may 
open areas te the talcing ef crabs by trawl and/or 
pooler trawling by proclamation, based e» fea- 
sonablo aft4 prudent management ef marine an4 
ostuarin e resources. 

(b) It is unlawful to: 44*e following aete afe 
prohibited: 

(1) talcing, buying, selling, ef possessing any 

Possess hard crabs m e asuring less smaller 
than five inches from tip of spike to tip 
of spike except mature female crabs, fe- 
males and "peelers". which may be 
floated » regular efab floats. Crabs shall 
be culled where taken and all crabs less 
than legal size shall be immediately re- 
turned to the coastal fishing waters. 
"Peelers" shall be separated from the en- 
tire catch before reaching shore or dock. 
Tolerance of not more than 44> ]_5 percent 
by number of any portion examined shall 
be allowed. In detenriining whether the 
proportion of undersize crabs exceeds the 
10 percent tolerance limit, the Fisheries 
Director and his agents are authorized and 
empowered to grade all, or any portion, 
or any combination of portions of the 
entire quantity of crabs being graded, and 
may require seizure and return to the wa- 
ters, or other disposition as authorized by 
law, of the entire quantity being graded, 
or of any portion thereof, if undersized 
crabs in excess of the tolerance limit are 
found; 

(2) Use using, fef the purpose ef talcing baf4 

crabs, any crab trawl having with a mesh 
length ef- less than three inches for taking 
hard crabs; 

(3) Use using, fef the puiyoso ef talcing seft 

crabs ef "peeler" crabs, afty trawl trawls 
with a mesh length less than two inches 
or with a tft which the corkline e?iceodo 
exceeding 25 feet in length ef a«y trawl 
which has a mesh length ef less than twe 
inch e s; for taking soft or "peeler" crabs. 
The provisions concerning minimum 



(4) 



corkline length ef corklino shall not apply 

te- Currituck an4 in Dare Counties; 

County; 

Take talcing crabs by the wse ef with 



dredges except as follows: 
(A) From January 1 through March 1 in 
the area of Pamlico Sound described in 



15 NCAC 3G 



.0007. 



within the area 



Pamlico Sound 
bounded by a line beginning at a point e» 
Saft4y Pe«t 4^4^4^N-;Z4°-4^4^ 
W running 008° 49t4 nautical miles te a 
eeiftt e» ehere 45°- 4^ 4^ N - 34°- 44^ 
$&■ W- thonco Q£4^ M 4t35 nautical miles 
te a w4ftte dayboacon 45°- 4» 9^ N - ?5°- 
42- 2$A W-t thonco 008°- ? nautical fftftes te 
the Bodi e Island Lighthouoo; thonco 443°- 
M- 4t6 nautical miloo te the Or e gon Inlet 
Coast Guard Station flasher; thence 182° 
M 9-3- nautical mil e s te Flasher Ne-r 4 at 
Chicamacomico Channel 4§°- 4& 1 24^ N - 
?5°- 40^ 00^ Wf thonco 4S£°- U 44^4 ftatrtf- 
eaf miloo te the point ef beginning. 
(B) Crabs may be taken incidental to lawful 
oyster dredging operations provided the 
weight of the crabs shall not exceed: 
(i) 50 percent of the total weight of the 

combined oyster and crab catch; or 
(ii) 500 pounds, whichever is less; 

(5) Take talcing crabs by the ase ef trawl nets 

with trawls between one hour after sunset 
on any Saturday and one hour before 
sunset on the following Sunday, except in 
the Atlantic Ocean. 

(6) Take talcing crabs by the wse ef with 
dredges between sunset on any Saturday 
and sunrise on the following Monday, 
except in the Atlantic Ocean. 

(7) Take crabs with pots except as provided 
in 15 NCAC 3B .0504. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; 143B-289.4. 

.0802 CRAB SPAWNING SANCTUARIES 

The Fisheries Director may, by proclamation, 
close the following described crab spawning 
sanctuaries described in 15 NCAC 3G .0008, or 
any portion thereof, to the use of trawl nets, and 
prohibit the taking of crabs with the use of com- 
mercial fishing equipment at any time from April 
1 through August 31. 

f44 fft the Oreuon Inl e t Ar e a. Bouinning at a 
psHftt 4S°- 4^ 44^ is- - ^ 4£ 2^ W at the 
elevation ef mean high wat e r eft the ocean 
beach efte fftile north ef North Point e» 
Bodi e Island, th e nc e seaward 64°- fiVf} &&Q 
yards te a point in- the Atlantic Ocean 34°- 



NORTH CAROLINA REGISTER 



73 



PROPOSED RULES 



4450^X-4444-44Vto thence -1401 f44h 
4400 y-atto to a pt+tto t4- 4434-X-34- 
44 44 W-t thence 344- f444 WW y^tto* to » 
point m* toe hi ah wat e r Ik** ȣ toe Atlantic 
Ocean 44- 4to0toX-44-44-0^W 7 sato 
point being B+te Htoe ; . outh to South Point; 
thenc e running with toe high water tote to 
toe Atlantic Ocean ett P-ea [ ■■ land northward 
to South Point; thenc e around South Point 
with toe hiu.li watur tote to' Pamlico Sound 
approximately 7.0( 1 v aid ;, to ft point 44- 44 

i *\ ' L_ S 1 V \ , \ lA I ll.l KlilU 1 1 ■ . . t Q .- Ilrl, . 

^^^^^ 7 T ^^ ' fc ' _ ' 1 ' fc 1 ^ J nT L I 1\„ Ill ^Ll 1 TTTTTvT 111 1 \_' 

to toe south point to hagle Nest Bay; thence 
344- (44-K 3.200 yard; , to * point ttt Pamlico 
Sound 4^4to4toX-4443-4XW7 
thence 444- f444r is , 100 vard; . to a point 44^ 
40-444X-4443-W4'W- (present location 



to channel 



mark e 



_i 



J— H- thence 



fMf, 



34sO0yattor toa 
to Bodie Inland ■ 



loint t*tt toe high wat e r tote 

4_4X.44^X-34^44-44 



\to satd- point being n e ar to* eastern edge to 
04¥ h . land; thence southward with toe high 
water tote to Pamlico Sound approximately 
6.SS0 yard ', to North Point wt Bodie Island; 
thence northward along toe high water tove 
to toe Atlantic Ocean t*» Bodi e Island ap- 
proxmiately e+te Htoe to toe point atto place 
to toe beginning; 
(3) to toe I lattera '. In l et Area. Beginning to a 
point 44- 444- 4to X — 45- 44- 44- W- ett toe 
high water tote to 1'amlico Sound e» 
Ocracok e Inland (approximately 3,000 yards 
southwest to toe western shore »f I lattera '. 
Inlet); thence 400- f444r ' 1450 yards to a 
point ttt 1'amlico Sound 444 4-4- 33^ X — 
04_ 40. 4C J4 4ato ptoto Wtog- 000 yat*4 
north northwest to 1 egged I ump, atto toe 
describ e d tote pairing through toe northeast 
edge to Outer (keen Island); thenc e 42- (M), 
0.650 'i aids to a point ttt Pamlico Sound 44- 
44- 44I 4, _ ?4_ 4+1 44: W 4ato potto to>mg 
approximately 3.000 yards northeast to to* 
Peele's lishing Pier, atto toe described tote 
passing through Ote present location to tot 
Peeler . Pishing Pier); thenc e 444 f444r 5.250 
vafto to a petto 44 44- U5- X - 54- 44- 3to 
W- ett toe high water tote to Pamlico Sound 
e» Hat terns Island ( ■ .• . aid point being ap- 
proximately 3.000 \ ardr . northeast to' 



I lattera '. Inlet atto toe described ti+te pacing 
thro uuli toe present location to channel 



mark e r "15"): thence w-tto toe tog4 water 
Itoe to Pamlico Sound southwest appro xi 
mat e ly 5.000 yards to toe eastern edge to' 
I lattera ;. Inlet; thenc e with the high water 
tote to *at4 inlet southward atto eastward to 
toe togh- water Itoe to' toe Atlantic Ocean; 
thence northeastward with toe hi ah water 



Itoe to toe Atlantic Ocean »ft llatteras Island 
approximately 2.100 yard; , to a point 44- 44 
7, f . " X 7 V 1 y ly \y ■ t|-ii Mlr , , . , ■■],, -inl K.T 

(\1). W44 vards to a point to toe Atlantic 
Ocean +4-44- 44^ X - 44^ 44 44^ \4f thence 
364-1 f44to to2O0 vaf44 to a pwto m toe 
Atlantic Ocean 04-444-ktoX-54- 4to44^ 
V4 thence 444- f44h WsO yard -, to a point 
ev» toe hiuh water Itoe to toe Atlantic Ocean 
tm Ocracoke Island 4to 44 44-^ X - 34^ 44^ 
444 V4 thence noitheai . torly with toe high 
wait e r tote to toe j\tlantic Ocean appro xi 
mately 3.000 yards to a point e« toe h+g4 
water tote at toe western shore to Hattera?. 
Inlet; thence northward a«4 westward along 

t ni> a 1 taJa \\r • 1 1 . \t~ 1 1 11 .* ■ ^ ^ ■-•■!■' » **> 1 ■ ** t , a 1 li .^ I3 ■ . 1I-. 

1 1 TV III Z^f T TTTTTT rTTTCr 1. ' 1 .IUIU II 1 1 1 T ~ f IUL III il I 

water to*e to Pamlico Sound; thence 
south west ward along toe highwater tow* to 
Pamlico Sound to toe point m*4 place to toe 
beginning. 
f4) to toe Ocracoke Inlet Area. Bediming to 
a petto 44- 04- 441 X - 5to 04 4to^W- ^toe 
high water Itoe to Portsmouth Island [said 
point being 443- f44-h 2.100 yards to+m toe 
spire to 7 Portsmouth Methodist Church]; 
thence northeasterly atto e ast e rly along t4+e 
high water tote to Pamlico Sound t>» 
Portsmouth Island approximately 44440 
yard ', to toe high water tote at- toe western 
shore to Ocracoke Inlet: thence with toe 
high wat e r tote southeastward approximately 
2,000 yard; , to toe high wat e r tote to toe 
Atlantic Ocean »ft Portsmouth Island; 
thence southwest e rly approximately 1,600 
yards along toe high water hfte to toe 
Atlantic Ocean to a point 44^ 04- 04.: X — 
344 04 OX: V4 thence seaward 454- f444r &SQ 
sard ', to a point to toe Atlantic Ocean 44- 
03^44X-to40444^W-t thence 44 f44to 
4440 vatto. to a pwto 44(4 544-4> 
03^ 05- \to thence 4U f444r 4toO0 vatto, to a 
petto 44^0X44i4.-OtoOO:oaiWT thence 
45- f44h 1,725 yards to a point 45- 04 54^ 
X - 34£ 44^ 444 W- th e nc e 444 fM-h Wto 
yard* to a petto 44^ 04 3to X - 34- 4& 44^ 
W- t>t+ toe high water tote to toe Atlantic 
Ocean t+*t Ocracoke Island; thence 
southwesterly along toe tog4 water tote to" 
toe Atlantic Ocean approximately 2, 100 
yard ', to toe high water tote to Ocracoke ta- 
kto thence northwesterly with toe tog4 water 
tote to" Ocracoke Inlet approximately 600 
yards to toe high water k4e «£ Pamlico 
Sound: thence northeasterly ' with toe high 
water tote to' Pamlico Sound, approximately 
4000 yatto. to a ptoto 44- 06- 42- X - oi 

S O ' ' \\ . / ■- ■ 1 1 f 1 iioint U.iit^ 1 » iii.-t f ."lilt \i al t It . ^ 

_' ." 1— L, f T ^TTTTTT L ■ *. } 1 1 1 1 V '\. 1 1 I 4 TTTTT IT * TJI T 1 T TTT 1 1 IV 

western Op to' Springers Point); thenc e 344- 



~4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



I \ \ \ /<Kri-ii lull 1 l-» ."» t -■ .-■ n I w* i lii/^ili/it-i i-\ t .--h firtni^l 
T , * 1 T ^TTTTTmT^T I I It 1 ^1 V LTV. 1 1 I rTTOTTTTTTT CTT V 1 1UI 1 1 IUI 

markor "25,'' the north edge ef Beacon Js- 
km4 aft4 S4*41 Gastle Island), 8^100 yards to 
a point ift Pamlico Sound 34^ 03^- 34^ N — 

f VJ \J' ! li_' TT ^ rnUU t^TTTTTT r^TTTTC^ CW Hr IIWJ.I 

* ti Q U EQ f ~* a^Q aad nQjaj i * i r .-> t *». l-w ^ 1 1 I r\ ■ -4 I j-> If lmiH >• 

I I nj ^T^T' m II V- . 1 1 1 V, 1 1 1 1 1 ? ^TT LM 1 V II k,'UJl 1 \J I JIU1 1U f I 

thence 403°- (M>? 4,380 yaf4s te the peiftt- 
aftd- placo ef the beginning; 
f4) tft the Drum Inlet Area. Beginning at- a 
point »» the high wat e r h«e ef Coro Sound 
^ Gere Ranks 34* 30^ OOi X - ?6* 30^ 33^ 
Wt thonco 33££ (34)t 33W0 yaft4s te a peiftt- 
» Gew Sound 3-t°-30:30^3v-36 o -3P43^ 
W- thonco 30°- f34+r 8,000 vaf4s to- a pew* 
ift Gere Sound »^^^44^^-?^4^0^ 
W-t thonco 4-34^ (34h 3t390 yafds te a petftt 
eft the hi all water liee ef Coro Sound en- 
Gefe Rafths 34°- 33^ 48^ N - 74°- 43^43^ 
Wt th e nc e with said- high wator hfte 
southwesterly approximately -MOO yards te 
Drum Inlet; thence with the high water hfte 
around Drum Inlet at+4 northward appro xi 
mately ' 1, - 100 yards te a point en- the higli 
water line ef the Atlantic Oc e an 34^ §£■ Mr- 
i,_^^(^Wf thonco seaward 434°- 
(M), 880 yards te a point h+ the Atlantic 
Ocean 34°-33:43^;v-3e -4^43^W-7 thonco 
334-°- (34-h 7,500 yards te a point m the 
Atlantic Ocean 34°-40:30^;v-36°-40:34-^ 
W-f thence 336°- f34-h W4> y»f4s te- a peiftt- 
©«• the hiuh water h«e ef the Atlantic Oc e an 
eft Gefe Banks i4^4^$4^>.-J^i^i^ 
W-7 thonco northwardly along the high water 
hfte ef the Atlantic Ocean te the south si4e 

^^J, I lT-l 1 T >-\ Xi^4^^^^ t.^^^if^A^^ ■IV', \ I I t \ J t ^J^^i ^^^^^^i ^^^^i*^I 

V/I TJTTmT 1 1 1 1 V I J 1 1 IV- nCQ II "" T T.1 1 1 VI I I IV III El I " " li. I V- I 

hfte ef Drum Inlet aft4 southward along the 
high wator hfte ef Core Sound eft Coro 
Banks te the point aft4 place et' the begin 
Hiftgr 
(4) fe the Bardens Inlet Area. Bouinninii at a 
petftt- *4^ 4^ m ^ - 1& 38- 4^ W » the 
west e«4 ef Coro Sound fthe present le- 
cation ef channel marker "37"); thence 228° 
fM4r 4^080 vaftk te a petftt *4- 4^ 03^ N 
_%:»:^W ^fte present location ef 
channel markor "39"); thence 334^ pAfc 
5,900 yards te a point at the edge ef 
Lighthouse Channel W- 40: 441 ^ _ ^ 34^ 
34 1 W- fthe present location ef channel 
mark e r "35"); thonco 34-h°- fM>r i^eOO ya«=d* 
te a point e» t«e hksh water hfte ef 
Shackleford Bafth* 34^ 30^ 04^ jv - W- 33^ 
37^ W- (this hfte running through Beargrass 
Island, a«4 the point being at the tip ef a 
prominent point ef marsh immediately 
shoreward ef Beargrass Island); thonco along 
the high water h«e ef Back Sound e» 
Shackleford Banks eastward approximately 



2,500 yards te Bardons Inlet; thonco south 

1^ n 1 vi tttttt ^n^ inn r t* u.iv.'i 111 n^ rrr cxnv wcstcttt 

shoreline ef Bard on Inl e t appro nimatuly 
1,700 yards te the high wator hne ef the 
Atlantic Ocean; thence westward along the 
high wator hfte ef the Atlantic Oc e an e» 
Shackl e ford Banks appro ximatoly 2,000 
yaf4s te a peiftt- 34°- 38^ 30^ N - 34^ 33^ 38^ 
W e» the high water hfte ef the Atlantic 
Ocean; thonco 218° fM) through the present 
location ef buoy R- '-^r- 3,375 yards te a 
pea*. 54 c -33:0e^>;-74 o -33:43^W- (the 
prosont location ef buoy R- "2"); thonco 131° 
94h 43374 yares te a peiftt 34°- 3^ 47^ N 

__ 1 &■ \ 2 1 1 \\ I 4 fa « ■'■ ii.iin) l-v. *i .-> .. ■■-.« t li ft kn ,~^t 

F 1,' -'^T r I * r \ L 1 11 J t^TTTTTT (*^lltt; CTT I I it? CfttM9 

ef Cape Lookout jetty- at the high wator 
lino); thonco northward with the higli wator 
hfte ef the Atlantic Ocean approximately 
1,800 yards te the northern tie ef Power 
Squadron Spit; thonco southward, eastward, 
aft4 northward along the high wator hfte 
around the shoreline ef Capo Lookout Bight 
approximately 5,000 yards to the high wator 
hfte eft the e astern shoreline ef Bardons f«- 
leH thenc e northeasterly with the high water 
hfte ef Core Banks approximately 12,000 
yards te a point e» the high wator h«e ef 
Gere Bash* 34*- 43^ 00^ ^ - 34°- 38^ 44^ W 
(said point being about 1,200 yards south, 
southeast ef Cowp e n Island); thonco 3 - 13° 
(34+ through the southwest tip ef Cowpon 
Island 3,350 yards te the point a»4 placo ef 
the beginning. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

SECTION .0900 - CLAMS 

.0901 SIZE AND HARVEST LIMIT: PERMIT: 
METHOD OF TAKING CLAMS 

(a) It shall he is unlawful to take, land, or 
possess aboard a vessel more than 6,250 clams 
per fishing operation from public bottom. Pe? 
op e nings as d e scribed i» fe4 (34 ef this B.ul e , this 
limit may Ret apply. It shall he is unlawful to 
take, possess, sell or purchase any clams (except 
Rangia or freshwater clams) less than one inch 
thick. Clams w4h shall be culled by the catcher 
where taken and all clams of less than legal size 
with their shell, shall be immediately returned to 
the bottom where taken. The Fisheries Director 
and his agents are authorized and empowered to 
grade all, or any portion, or any combination of 
portions of the entire quantity of clams being 
graded and may require seizure and return to 
public bottom or other disposition as authorized 
by law of the entire quantity being graded or any 



NORTH CAROLINA REGISTER 



75 



PROPOSED RULES 



portion thereof. Possession *h4 >ale ef clams by 
a clam hutchi ' ry a«4 purchas e a«4 possession ef 
clam ;, from a clam hatchery • - ■ hall be e xempt from 
th+* Rul e . A clum hatch e ry i* defined a* any 
operation which obtains clams through the 
process ef artificial spawning a«4 culture' meth 

(b) It shall be is unlawful fof aftv person te- take 
Bf- attempt to take clams by any method, other 
than by hand tongs, hand rakes, or by hand, from 
the coii '. tal fishing waters except as pro\'ided in 
Paragraph (c) of this Rule. Regardless of the 
areas which may be opened, by the Fisheries 
Dir e ctor, it shall be is unlawful: fo* a«y person 

( 1 ) to take clams by any method other than 
hand tongs, hand rakes in accordance with 
15 NCAC 3B .11505. Re- me*e than- twelv e 
inches wid e e* weighing He- more than sis 
pounds, or by hand in any natural e* live 
oyster bed. 

(2) To take clams bv anv method other than 
hand rakes in accordance with 15 NCAC 
3B .0505. or bv hand ef in any established 
bed of aquatic vegetation which is defined 
as those marine and estuarine areas of 
North Carolina where eelgrass (Zostera 
marina), shoalgrass (Ilalodule wrightii), 
widgeon grass (Ruppia maritima), and 
smooth or salt water cordgrass (Spartina 
alterniflora) that may exist together or 
separately. These vegetation beds occur 
in both subtidal and intertidal zones, and 
may occur in isolated patches or cover 
extensive areas. In cither case, the bed is 
defined by the presence of and consists of 
entire plants (which during some seasons 
may be mostly underground) including 
the above ground leaves and the below 
ground rhizomes, together with the 
sediment in which the plant grows. 

(c) Permit requirements and the season for 
taking clams with mechanical methods are as 
follows: 

( 1 ) It is unlawful to take clams Clams shall h©4- 

be taken by the use of mechanical meth- 
ods except by special permit. Such per- 
mits may impose conditions and 
requirements reasonably necessary for the 
enforcement ef fisheries regulations a»4 
fof the prudent management and enforce- 
ment purposes, ef- fisheries resource; . . 

(2) It shall be is unlawful to take, buy. sell, 
or possess any clams taken by mechanical 
methods from public bottom until except 
that the Fisheries Director, based e» rea- 
sonable aft4 prudent management ef- hh- 
H«e a«4 estuarine resources, mav, bv 



proclamation, open and close the season 
at any time between December 1 through 
March 3 1 . The Fisheries Director is fur- 
ther empowered to impose any or all of 
the following restrictions: 

(A) specify number of days, and 

(B) specify areas, 

(C) specify time period. an4 

(D) specify quantity and or size, and 

(F) specify means methods. Anv procla- 
mation specifying means and or methods 
must be approved bv the Marine Fisheries 
Commission prior to issuance. 
(3) For temporary openings made upon the 
recommendation of Shellfish Sanitation, 
for maintenance dredging operations, for 
the taking of Rangia clams, or for relaying 
of polluted clams to private leases, deeds, 
or grants as permitted by 15 NCAC 3B 
.0906. season and harvest limits as set by 
15 NCAC 3B .0901 may not apply, 
(d) It shall be is unlawful for any person to take 
clams from any shellfish management area which 
has been closed and posted by the state, except 
that the Fisheries Director, may open specific 
areas to allow the taking of clams and may des- 
ignate time, place, character, or dimensions of 
any method or equipment that may be em- 
ployed. 

(c) The Fishers Fisheries Director may, by 
proclamation, open only areas in Core and 
Bogue Sounds. Newport, North, White Oak and 
New Rivers and the Intracoastal Waterway north 
of "BC" Marker at Topsail Beach which have 
been opened at any time from January, 1977, 
through September, 1988, and the Atlantic 
Ocean to the harvest of clams by mechanical 
methods. Other areas opened for purposes as set 
out in Rule .0901 (c) (3) will open only for those 
purposes. 
(f| It is unlawful to possess clam trawls aboard 
1 at anv time, or have kick deflector plates 
normally used in the mechanical harvest of clams 
affixed to a vessel at anv time, except during the 
open mechanical clam harvest season. A period 
davs before and after the mechanical clam 
harvest season will be allowed for the installation 
and removal of kick deflector plates and clam 
trawls or cages Vessels with permits for activ- 
ities provided form I) NCAC 3B Rules .0903, 
.0906, Section .1600. and 3C .0203. shall be ex- 
empt from this Rule during the times such ac- 
tivities are permitted. 



Statutory Authority G.S. 
I 13-22/'; 143B-289.4. 



113-134; 1/3-182; 



.0902 PROHIBITED CLAMMING AREAS 



76 



SORTH CAROLLXA REGISTER 



PROPOSED RULES 



(a) It is unlawful to take, possess, transport, 
buy, or seU clams Clams '. hall wM- be taken from 
any b( those areas in which the taking of oysters 
is prohibited by Regulation 15 NCAC 3B .1111. 
n&f ». hall such clams be possessed, transport e d, 
bought, Bf sold. 

(b) The Fisheries Director is empowered to 
close specified areas for the taking of clams, 
oysters, scallops, and mussels for as long as he 
deems advisable in order to protect the popu- 
lations of shellfish or public health. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0903 RANGIA CLAMS 

It shall be is unlawful to take Rangia Clams 
clams by mechanical methods from all waters, 
or by any method from polluted waters, e xcept 
by without first securing a permit from the 
Fisheries Director. ef the Division ef Marine 
Fisheries. The permit shall be issued to the boat 
captain owner'operator, list all crew members 
involved in the operation, and must accompany 
the vessel at all times. Such permit shall desig- 
nate the area and time(s) from which Rangia 
clams may be taken. All meats from clams taken 
from polluted waters shall be disposed of in a 
manner (other than for human consumption) 
acceptable to the North Carolina Division of 
Marine Fisheries and the North Carolina Divi- 
sion of Health Services. 

Statutory Authority G.S. 113-134; 1/3-201; 
1/3-202; I43B-289.4. 

.0904 POSSESSION OF UNAPPROVED 
CLAMS 

It is unlawful to rv» person shall possess or sell 
Bf- offer fof hale t» North Carolina any clams 
taken from my polluted waters outside the state. 

Statutory Authority G.S. 113-134; 113-182; 
I43D-2S9.4. 

.0905 TAKING OR UNLOADING CLAMS ON 
SUNDAY OR AT NIGHT 

(a) It shall be is unlawful to take clams from 
coastal fishing waters on Sunday or between the 
hours of sunset and sunrise on any day except 
that 100 clams per person, not to exceed 200 
clams per vessel per day, may be taken by hand 
tongs, hand rakes or by hand on Sunday during 
the regular clam season. 

(b) It shall be is unlawful to unload clams from 
any vessel or remove any vessel containing clams 
from the water on Sunday or between sunset 
and sunrise on any day except that in New 



Hanover, Pender and Brunswick Counties, clams 
may be unloaded until two hours after sunset. 
Clams taken on Sunday under the provisions of 
3B .0905(a) are exempt from the Sunday un- 
loading prohibition in this Subsection. 

Statutory Authority G.S. 113-134; 113-182; 
143B-289.4. 

.0906 PERMITS FOR TAKING CLAMS FOR 
PLANTING 

(a) It is unlawful to Ne person shall take clams 
from the public polluted public waters ef the 
Stat e for the purpos e ef planting on private beds 
except during the period from April 1 through 
May 1 5 as authorized by G.S. 1 13 203, provid e d 
that- such p e rson shall fifst- obtain a by_ permit 
from the Fisheries Director setting forth the time, 
area and method from by which clams may be 
taken. 

(b) The Fisheries Director, acting upon the re- 
commendation recommendations of the North 
Carolina Division of Health Services, shall close 
and reopen by proclamation any leased, granted, 
©f deeded bottom private beds for which the 
owner has receiv e d obtained a permit to relay 
clams from public polluted public waters. 

Statuton,' Authority G.S. 113-134; 113-201; 
1/3-202; II 3-203; 113-221; I43B-289.4. 

.0907 CLAM HATCHERIES 

(a) A clam hatchery is defined as any operation 
which obtains clams through the process of arti- 
ficial spawning and/or culture methods. A clam 
hatchery permit is required in accordance with 
15 NCAC 3C .0213. 

(b) It is unlawful to possess undersized clams 
from a hatchery unless such clams are identified 
in a manner that will permit immediate determi- 
nation of the point of origin and the ultimate 
destination. 

(c) Possession and sale of clams by a hatchery 
and purchase and possession of clams from a 
hatchery shall be exempt from bag and size limit 
restrictions in 15 NCAC 3B .0901(a), except that 
it is unlawful to possess, sell, or transport under- 
size clams for purposes other than grow-out to 
legal size for market. 

Statutory Authority G.S. 1/3-134; 113-182; 
143B-289.4. 

SECTION .1000 - SCALLOPS 

.1001 SOAKED OR SWELLED SCALLOPS 
PROHIBITED 

It is unlawful to Ne person shall possess, sell, 
or take part in the production of offer fof saley 



NORTH CAROLINA REGISTER 



77 



PROPOSED RULES 



t+f product * Hf at4 m producing a«y soaked or 
swelled scallops which that have been shucked. 
It is unlawful to -?W portion i i hall pennit scallops 
to be placed in still or standing water. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.1002 BAY SCALLOP SEASON AND 
HARVEST LIMITS 

(a) It '. hall be is unlawful to take &f attempt to 
ktke bay scallops from coastal fishing waters until 
except that the Fisheries Director based e» rea- 
sonable »«4 prudent management, may, by 
proclamation, open the season for harvest, sale, 
possession and transport of bay scallops for up 
to four days in December and between the sec- 
ond Monday ef in January and the last Friday 
e+ in May. The Fisheries Director bused fh* 
reasonable *h4 prudent management, may, by 
proclamation, provide for an open the bt*¥ 
scallop season during the period from August 1 
through September 15 to hand harvest only (by 
hand, dip nets, scoops, hand tongs and hand 
rakes). The Fisheries Director is further em- 
powered to impose any or all of the following 
restrictions: 

( 1 ) specify number of days: 

(2) specify areas; 

(3) specify means and methods which may be 
employed in the taking; 

(4) specify time period; and 

(5) limit the quantity. 

(b) For any season provided from From De- 
cember through May. it shall be is unlawful to 
take w attempt to tok-e more than 20 standard 
L'.S. bushels per person in any one day or to ex- 
ceed a total of 40 standard U.S. bushels in any 
combined fishing operation per day except as 
specified in (d) of this Rule. 

(c) For anv season provided from From .August 
1 through September 15, it shall be is unlawful 
to take e* attempt to ktk-e more than 10 standard 
U.S. bushels per person in any one day or exceed 
a total of 20 standard U.S. bushels in any com- 
bined fishing operation per day except as speci- 
fied in (d) of this Rule. 

(d) It shall be is unlawful to take e* att e mpt to 
trtke bay scallops from the coastal fishing waters 
between sunset and sunrise, or on Saturdays or 
Sundays, except that one-half bushel per person, 
not to exceed one bushel per vessel may be taken 
by hand rakes, hand tongs, dip nets, and by hand 
for personal consumption on Saturday and Sun- 
day during the regular open season. 

Statutory Authority G.S. 1/3-134: 113-182; 
113-221: I43B-289.4. 



.1003 PROHIBITED DREDGES 

It is unlawful to take to taking bay scallops the 
t«e »f with dredges weighing more than 50 
pounds or equipped with teeth, t* prohibited. 
Any other instrument or device designed to drag 
the bottom to aid in the taking of bay scallops is 
also prohibited. 



Statutory A uthorily 
143B-2S9.4. 



G.S. 1/3-134; 113-182; 



.1004 CALICO SCALLOP SEASON 

It shall be is unlawful to land or have m poo 
s e ssion possess aboard a fishing vessel calico 
scallops except at such times as designated by the 
Fisheries Director bv proclamation. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-2S9.4. 

.1005 SEA SCALLOPS 

It is unlawful to land or possess sea scallops 
with a shell height (length) less than three and 
one-half inches. A tolerance of not more than 
ten percent by number for undersized sea scallop 
shell height shall be allowed. In determining 
whether the proportion of undersized sea scallops 
exceeds the ten percent tolerance limit, the 
Fishenes Director and his agents are authorized 
and empowered to grade all, or any portion, or 
any combination of portions of the entire quan- 
tity being graded, and in cases of violations, may 
require seizure or other disposition as authorized 
by law. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

SECTION .1 100 - OYSTERS 

.1101 OYSTER SEASON 

(a | It shall be is unlawful to take, attempt to 
take, buy, sell, or possess any oysters taken from 
public coastal fishing waters bottoms except 
during the open season which shall be begins 
October 15 for hand harvest, a«4 November 1 for 
toothed dredges and extends through March 3 1 . 
During the open season, the Fisheries Director 
may, by proclamation, close and open any of the 
various waters to the taking of oysters and may 
impose any or all of the following restrictions: 

(1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods which may 
be employed in the taking; 

(4) Specify time period; 

(5) Limit the quantity. 



78 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) It shall be is unlawful to take, land, or 
possess aboard a vessel more than 50 bushels of 
oysters at any one time. 

Statutory Authority G.S. 113-134; 113-182; 
113-201'; 113-221; I43B-2S9.4. 

.1102 SHELLFISH MANAGEMENT AREAS 

h is unlawful lo •>*» person shall take oysters 
from any shellfch management afea Shellfish 
Management /\rca which has been closed and 
posted by tto> Statu, except that the Fisheries 
Director may, by proclamation, open specific 
areas to allow the taking of oysters and may 
designate time, place, character, or dimension of 
any method of equipment that may be employed. 

Statutory Authority G.S. 1/3-134; 113-182; 
113-221; 1 43 B- 289 A. 



.1103 



ING 



SIZE LIMIT AND CUL 

TOLERANCE 

(a) It is unlawful to >to porno n shall possess seli? 
w purchii 'i L ' rtfty oysters which have 

(4-) accumulated dead shell, b* 
(3) accumulated oyster cultch material, »f 
(4} a shell length of less than three inches, or 
am combination thereof that exceeds a 
ten percent tolerance limit by volume. In 
determining whether the tolerance limit is 
exceeded, the Fisheries Director and his 
agents are authorized and empowered to 
grade all, or anv portion, or anv combi- 
nation of portions of the entire quantity 
being graded, and in cases of violations, 
may require seizure and return to public 
bottom or other disposition as authorized 
by law. 

(b) All oysters shall be culled by the catcher 
where taken and all oysters of less than legal size, 
accumulated dead shell and cultch material, shall 
be immediately returned to the bottom where 
taken. 

(e) to determining whether toe proportion to" 
unden . ii'o oysters, accumulated dead -. hell m- 
cultch material exceeds toe -to p e rcent tolerance 
limit. to*» Fisheries Director a«4 to* agent ' : . afe 
authorized atto e mpow e red to grade *lk- w tmy 
portion, w (my- combination to portions to" toe 
entire quantity being graded, atto m eases »f v4h- 
lations, mr+y require seizure m*4 return to public 
bottom **f other disposition as authorised bv k+w-r 

to+ (£| This Regulation shall not apply to 
oysters imported from out-of-state solely for 
shucking at shucking houses which are currently 
certified for shucking and packing by the De- 
partment of Human Resources and which hold 



a valid shucker-packcr license, from toe Murine 
Fisheries Communion. 

Statutory Authority G.S. 113-/34; 113-/82; 
143B-289.4. 

.1 105 POSSESSION OF UNAPPROVED 
OYSTERS 

It is unlawful to -No person i. hall possess or sell 
h* offer tor sale- to North Carolina am- oysters 
taken from tmy polluted waters outside the state. 



Statutory Authority 
I43B-289.4. 



G.S. 113-134; 1/3-182; 



.1 106 MARKETING OYSTERS TAKEN FROM 
PRIVATE BEDS 

(a) It is unlawful to >to person toall take, at- 
tempt to take, possess, or sell attempt to selkr 
purchase ©f possess aw oysters tak e n from pri- 
vate beds during the open season unless such 
oysters have been culled in accordance with 
Regulation 15 NCAC 3B .1103. 

(b) It is unlawful to ^to ponton '. hall take, at- 
t e mpt to take, possess, or sell att e mpt to sekk- »f 
pessess any oysters from private beds during the 
regular closed season unions stuto person -. hall 
have toto s e cured without first securing from the 
Fisheries Director t+f to* uuthorii'.od agent a per- 
mit showing the name of such the person or 
persons taking the oysters, the location of such 
b e ds, the private bed, and the method of han r est. 
toe estimated numb e r to' bushels to eystefs each 
applicant anticipate ' . , taking during toe closed 
s e ason fef which toe pennit is issued. With each 
sale or other disposition of oysters during the 
regular closed season, by toe permittee, the 
permittee shall complete and deliver to the pur- 
chaser or other recipient to sai4 oysters a certif- 
ication that the oysters were taken pursuant to a 
valid permit. Certification forms shall be fur- 
nished by the department to each permittee upon 
issuance of a permit. It toaU be is unlawful to 
possess any oysters during the closed season ex- 
cept as provided herein, m tots Section. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 143B- 289.4. 

.1107 PERMITS FOR TAKING OYSTERS FOR 
PLANTING 

(a) It is unlawful to Xb- person shall take oysters 
from the public polluted public waters of the 
state for toe purpose to planting on private beds 
except as authorized by G.S. 113-203, provided 
that such person shall first obtain a permit from 
the Fisheries Director setting forth the time and 
area from which oysters may be taken. Relaying 
of oysters from polluted waters shall begin the 



NORTH CAROLINA REGISTER 



-9 



PROPOSED RULES 



day following the statewide elosure of oyster 
season and shall continue for a period not to ex- 
ceed six weeks. 

(b) The Fisheries Director, acting upon the re- 
commendation of the North Carolina Division 
of I Iealth Services shall close and reopen by 
proclamation any leased, granted, or deeded bot- 
tom for which the owner has received a permit 
to relay oysters from public polluted waters. 

Statutory Authority G.S. 113-134; 113-201; 
113-202: 113-203; 113-221; 143B-289.4. 

.1108 TRAWLING ACROSS OYSTER 
MANAGEMENT BEDS 

It is unlawful to tow or pull rM-v person shall 
drag a trawl net for any purpose across any oyster 
bed which has been planted and posted by the 
state. 



Statutory . 
I43B-289.4. 



uthority G.S. 113-134; 113-182 



.1109 TAKING OR UNLOADING OYSTERS ON 
SUNDAY OR AT NIGHT 

(a) It shall be is unlawful to take oysters from 
coastal fishing waters on Sunday or between the 
hours of sunset and sunrise on any day except 
that one bushel of oysters per person, not to ex- 
ceed two bushels per vessel per day, may be 
taken by hand tongs, hand rakes or by hand on 
Sunday during the regular oyster season. 

(b) It shall be is unlawful to unload oysters 
from any vessel or remove any vessel containing 
oysters from the water on Sunday or between 
sunset and sunrise on any day except that in New 
Hanover, Pender, and Brunswick Counties, 
oysters may be unloaded until two hours after 
sunset. Oysters taken on Sunday under the pro- 
visions of 3B .1 109(a) are exempt from the Sun- 
day unloading prohibition in this Subsection. 



Statutory 
1 43 B- 289. 4. 



uthority G.S. 113-134; 113-182; 



.1111 TAKING OYSTERS: CLAMS AND 

MUSSELS FROM POLLUTED WATERS 

It shall be is unlawful faf am- person to take, 
attempt to tak e , possess, sell, or offer fa* sal e , *»y 
take oysters, clams or mussels taken from areas 
which have been designated as prohibited (pol- 
luted) bv proclamation by the Fisheries Director 
except as provided in 15 NCAC 3B .0903, .0006, 
.1107 and .1600. The Fisheries Director shall is- 
sue such proclamation proclamations upon no- 
tice by the Division of Health Services of the 
Department of Human Resources that duly 
adopted criteria for approved shellfish harvest 
areas have not been met. The Fisheries Director 



may reopen any such closed area upon notifica- 
tion from the Division of Health Services that 
duly adopted criteria for approved shellfish har- 
vest areas have been met. 

Copies of these proclamations and maps of 
these areas arc available at the Division of Ma- 
rine Fisheries, 3411 Arendell St., Morehcad City, 
NC 28557; (919) 726-7021. 

Statutory Authority G.S. 113-/34; 113-182; 
113-221; 143B-289.4. 

SECTION .1200 - LOBSTER 

.1201 MINIMUM SIZE LIMIT 

It is unlawful to possess northern Xo person 
shall possess tmy lobster with a carapace length 
el less than three a«4 three sixteenths inches, the 
minimum specified bv proclamation. The 
Fisheries Director may, by proclamation, specify 
the minimum carapace length for northern 
lobster recommended bv the Atlantic States Ma- 
rine Fisheries Commission as the result of a duly 
adopted Interstate Fisheries Management Plan, 
or adopted as a federal rule bv the National Ma- 
rine Fisheries Service as the result of a duly 
adopted Regional Fishery Management Plan 
prepared by the Fishery Management Councils. 



Statutory Authority 
143B-289.4. 



.1202 



G.S. 113-/34; 113-182; 



EGG BEARING AND SCRUBBED 
LOBSTERS 

It is unlawful to Xo person shall possess egg- 
beanns or scrubbed lobster. 



Statutory A uthority 
I43B-289.4. 



G.S. 1/3-134: II 3-182; 



.1203 SHUCKED LOBSTER MEAT 

ft is unlawful to Xo person shall land or possess 
aboard a vessel shucked northern lobster meat. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



.1204 DETACHED LOBSTER PARTS 

It is unlawful to -No p e rson shall land or possess 
aboard a vessel tbe detached lobst e r tails, claws, 
or other northern lobster parts unless accompa- 
nied by head sections for the purpose of deter- 
mining legal size. 



Statutory Authority 
1 43 B- 289. 4. 



G.S. 113-134: 113-182; 



SECTION .1400 - NURSERY AREAS 



80 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.1404 VIOLATION TO USE SPECIFIC 
NETS AND DREDGES 

It shall be is unlawful to use ef att e mpt te ese 
any trawl net, long haul seine, swipe net, dredge 
or mechanical methods for clams or oysters, for 
the purpose of taking any marine fishes in any 
of the primary nursery areas described in 44 
NCAC m 4-M4X 15 NCAC 3G .0009. 

Statutory Authority G.S. 113-134; 1 13-182; 
I43D-289.4. 

.1405 DESCRIPTIVE BOUNDARIES: 
PRIMARY NURSERY AREAS 

Descriptive boundaries for primary' nursery' 
areas are presented in 15 NCAC 3G .1)009. 
(a) 4e 4te Roanoke Sound Area 
f+4 Shiillowbag 44aw. 
(-A+ Dough Crook, northwest ef a bee be- 
uinnina at a point ee tbe east shore 4X 
Xb2*4X-4X4ft:444Wt running 44X 
(444 to a point ee tbe west shege 4X §4^ 
44X X - 5X 44- 4ft: Wt 
(44+ Scarborough Crook, a44 waters south el 
a bee beginning at a point ee ft*e east 

4w ox^xbftxx-oxoo-oxwt 

runniiiLi 21ft" (44+ to a po i nt ee the west 
sk^fe OX 50- XX X _ OX XX OX W_ 
(-3-)- Broad Crook, north ef a bee beginning 
at- a point ee tbe east shore 4X §3^ 4X X 
- 4X 0*: 341 Wt running 44X (44+ to a 
point ee 4»e west sbefe OX X2- ox: X _ 

0X4X444 Wt 

(b+ 4e 4*e Northern Pamlico Sound Area 
(44 i-eee Shoal River: 

(-A+ 1 ong Shoal Rivor, west ef a bee be- 
ginn i ng at- a point ee 44e north shor e 4X 
0X444X-5XX3-444Wt running 44*4 
(44+ to a point ee 44e south shor t* 4X 4X 
4XX-4X X34444Wt 

(44+ Peep Crook, east ef a bee b e ginning at 
a point ee t4*e north shore 4X 44- 4ft 1 X 
_ OX X24 4X Wt running 4ft4^ (44+ te a 
point ee 44e south shore 4X 44- 4X X — 

0XX2-4X Wt 

(44) Broad Crook, west ef a bee beginning 
at a point eft the north chor e 4X 441 XX 
X - 4X XX 444 Wt running 44X (Xf+ to 
a point ee the r . outh oh ore 4X 44- 4X X 

-OXXXXX W- 

(44) Muddy ("rook, east- ef a bee beginning 
at a point ee the north shore 4§^ 4X 344 
X- 4XX2- ftX Wt running 4X4- (44+ to 
a point ee 44e r . outh oh ore 44- 44- 4-44 X 
_0X4X444Wt 

(44)- Paino Ray. north ef a bee beginning at 
a point eft toe west oh ore 4X OX 444 X 
_ 544 4ft: 441 Wt running 44X (44+ te a 



point ee 44e east sbefe 444 OX' 444 X — 
OX 4X444 Wt 

(4-4} Ottor Creek, seethwest ef a bee begin 
ning at a point ee the east shor e 444 OX 
Q1ZU _ OX X5- ftft4 Wt running 444- (44+ 
te a point ee tbe west oh ore 44- 44- ft44 
X - 444 4X 444 Wt 

(44+ Clark Crook, northeast ef a bee begin 
ninu at a point ee 44e north oh or e 444 OX 
444~X - 444 444 4ft4 Wt running 444- (4++ 
to a point ee tbe south oh ore 44- 44 4X 
X - 444 44- 454 Wt 
(4+ 44tf Crook, east ef a bee beginning at a 
point ee Gihho Point 4X 4X 4X X — OX 
4X 444 Wt running ftftO- (444 to a point 
ee tbe east oh ore 4X 444 444 X — 44- 444 
444 Wt 
(4+ Middlotown Crook, west ef a bee begin 
ning at a point ee tbe north ohoro 44- 4X 
34444 - OX 4ft- 444 Wt running 44X (444 
te a point ee t4*e oouth ohoro 444 o>4 444 
X - 44- 40: 444 Wt 
(4+ Wyoocking Bay: 

(tVt bone fr ee Crook, east ef a bee begin 
ning at a point ee tbe south ohoro 444 ox 
444^"X - 444 444 044 Wt running 4444 f444 
to a point ee tbe north '. bore 44- 444 004 
X - 444 444 444 Wr 

(44+ Wyoocking Bay, north ef a bee begin 
ning at a point ee 44e east shore 444 OX 
OX X - 444 42- 444 W^ running 24X (X4+ 
te a point ee tbe west oh ore 4X 4X 441 

x - 444 ax 044 wt 

(44) Douglao Bay, northwest ef a bee be- 
ninnina at a point ee Mackov Point 4X 
OX 444 X- 444 4X 444 Wt running 44ft4 
(444 to a point ee ftbe south ohoro 4X OX 
XX' X - 444 ©X 444 Wt 
(444 Tributari e s west ef Brown Island, west 
ef a bee ho tannin a at a point ee 4X> north 
sbeye ef Brown b4ae4 OX 44- 444 X - 444 
4X 444 Wt running 44X (44+ to a eeevt 
OX OX OX X - 444 ©X 244 Wt ae4 eertb 
ef a bee beginning at a point ee 44e most 
southern point ef Brown Island 4X 4X 
444 X - 444 444 044 Wt running 40X (Xb> 
to a point ee tbe west shor e 4X 4X XX 
X-444ftX444Wt 

(44 best 444e4¥ fOay-r 1 larbor Creek east ef a 
bee beginning at a point ee 44e south 
4>efe 4X44-"4XX-444 4X44XWt 
running 444- Xf to a point ee t+te north 
4^fe 4X 440 OX X - 444 ftX 444 Wt 

(4) Cunning I larbor tributaries, north ef a 
bee b e ginning at a point ee tbe east oh ore 
0X4ft- r 4ft4X-44- 44-4XWt running 
2444 Xf to a point ee tbe west ohoro 4X 
OX 444 X - 444 44- 4X Wt 



NORTH CAROLINA REGISTER 



81 



PROPOSED RULES 



(44 Juniper Bay: 

(A) I ippiT Juniper Bay, north ef a 4ne be- 
ginning at- a point eft tf*e east- shore 44^ 
^:(Wi^.-5^ 44: mz m running 444^ 
(444 to a point eft tfte west shore 44^ 44^- 
QQi >, . 44: +£ 44^ Wf 

(444 Rattle :. nak e Creole, west ef a fme be- 
ginning at- a point eft tf*e north -. ho r e 44^- 
iZ.S^^.-l^+SL+QZlX- running 444-^ 
(444 to * point eft tfte south shore 44 s - 44- 
444 X - It- 44 44^ W- 

(4-4 Buck Creek, east- ef a fen* beginning at- 
» point e» t44e south shore 44^- 44- 44-: rv 
. 44^ 44: 441 W- running 338^ M & » 
point e» toe north shore 44 s - 24- 44^ rv - 
74^ 44-44-Wt 

(44+ 1 aurel Creek, east- ef ft 4fte heginning 
at ft point e«- toe north shore 44^ 344' 44^ 
jv - 44^ 44- 4P Wt running 4444 (44) to a 
point eft toe south shore 44^ 344 44: N - 
444 44^44: Wt 
(4) Swanquarter Bay: 

(-A4 Oyster Creek, east ef a Ii«e beginning 
at ft point eft t4*e north shore 44^- 34 1 444 1 
24 _ 44^ 4S4 4*4 W+ running 444^ (44) to 
ft point eft toe south shore 44^ 33: 444 1 4v 

^^ ^^*™ T^^ ^**^^~ ^T^^ 

(44+ I pper Swanquarter Buy, north ef akfte 
beginning eft toe east shore aft4 running 
444£ (444 through 44av Murker 4tor 7 to 
toe west shore; 



(Q CatT ee 44ays 

44 I 'pper C a flee Bfty- (llaulover), east- ef 
a fee beginning at- a point e» t4*e south 
sh^fe ^44444^N-44i44^44^Wt 
running 33 fP 44- to ft point eft toe north 
sh^e iii 24^ 44^ 4; - 44^ 44: 34: W aft4 
west- ef ft lift** ftt- Junip e r J4*¥ beginning 
e» toe south shore 44^ 34- 444 4, - 44- 
44^ 44^ Wt running 4W4 44 to a point 
eft toe eef44 s4e*e 44^ 33- 444: 4. - 44^ 
44-44-: Wt 

(4+ I "nnamed tributary, north ef » fee 
beginning ftt- ft point eft toe east shor e 
^Ij4.ft»ijv-74^4^44^WT running 

^^^^^^" ^^^L ^^^ li I -\ , Milt ^^^i t 1 > . * tl^^^^i ^^^^^^^^ ^^^^^ 

0^: (44^ 4. - 44^ 4J4 34^ Wt 

1 o> » . . , a ELm ■■ 

\ ." J TTTTT^C I RI r . 

fA4 Rose Biiy, north ef ft 4ee beginning at- 
ft point eft Watch Point 44^ 44^ 44 1 4i — 
4^4 44: 04^ Wj running 444- (44> te 
Channel Marker 44>r 4j thence 44J4 f44> 
te- a point eft t4*e west shore 44- 44 : 4C4 
4. - 74- 44^ 444- W- 

(44+ Island Point Creek, west e4 a U«e be- 
ginning at- a point eft t4te north shore i4- 
34: 40^ 4. - 44i 44^ 44^ U4 running 444^ 



(444 te a point eft tfte south shore M 2 44- 
44Z ^. . 74a 34: O44: Wt 
(44) Toolov Creek, wes4 e4 a fae beginning 
e« ^^ H^rtfe *{*** ^4^ ^4: 34: ^. _ 742 

44- 4^ Wt running 444^- (444 te- a pemt- 
e» tke se«tft sl«w4^ 25^ 44^ 4; - 44^ 
44:4^Wf 

(44f Broad Creek, east- ef a 4ee beginning 
at- a point eft t4*e st)ulh shor e 44- 44 4-4- 1 
4. - 74^ 44^ 44^ 544 fwftfttfttf W44^ 44 to a 
petftt 44^44-44:4.-44^44^44^544 
thenco W44 to a pekrt 44^ 44 44^ 4r - 44^ 
44:44^Wt 

(+44 I ightwood Snug 44ay-r ¥rest- aft4 north 
efa 4fte beginnine at- a point e» t4*e south 
4*** i£i 34: 44i"x . 742 04: 4!4 W ftjft- 
ftiftg 035: f44> to aeetftt- 44^ 44: 441 4; - 
74^^ 444 m thence 4444 f44+ to a pem4 
44^444444.-74i44-44:iA4 

(44 ©eeftJ4»y 

(44 Q44 llaulover. north ef a 4ne begin 
ning at- a point e» t4te west shore 44- 
XL.QQZ X. - ta= it si" w- „,„„;„„ 1 (i 1 : 

(444 t» a point eft t4>e east- shore 44- 

3*1 mz \ - 74- 44: 44: 44 

(«4 Drum Cov e (Stinking Creek), south 

ef a 4fte beginning at- a point eft t4*e 

■ 4*»fe 44- 44^^44-: 4. - 4f4 44- 44^ 



Wt running 122 (-414 to a point ee toe 
ert^. sfeefe 34^. 44: 44^ 4i - 44^ 44^ 4^4 

(S4 Eastern tributaries (Cedar I Iammock 
im4 I ong Creek), east- ef ft 4»e b e ginning 
at- a point ee toe north shore 44^ 44^ 44-: 
jv - 44^ 44^ 44: W+ running 444: (444 to a 
point eft t4>e south shor e 44- 44- 44-: ^. _ 
74^44^444 Wt 
(444) Spencer 44ayr- 

(A) G e nnantown B*v aft4 4s tributaries, 
northeast ef a fme beginning ftt- ft point e» 
tf>e northwest shore 44^ 44: 444 4i — 44^ 
44 44-: \\L running 444- (444 to a point 
eft toe southeast shore 44^ 44 444 4r — 
74^ 44: 44-: Wt Swaft Creek, southeast ef 
a Ufte beginning at- a point e» tfte north 
4»» 44-^44- 444 X - 44^ 44- 44-: Wt f««_ 
ning 444 (44+ to a point e» tfte south 
shew 44^ 44 44: X - 44^ 44- 44^ Wt 

(444 Jonette Creek, west ef a 4fte beginning 
at- a point eft tfte north shore 44^ 44- 444 
>> - 44^ 44- 444 W+ running 3444^ (444 te- a 
point eft t4te south shore 44^ 44- 44^ 4r - 
44^44-444 Wt 

(44) Ditch Creek, west ef a Ufte beginning 
at- a point eft t4+e north shor e 44^- 44 44-: 
4r - 44: 44^ 44-: Wt running 444: (44) to a 
point e» toe south shore 44- 44- 44: i». _ 
44i44 44: Wt 



82 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



^ I _J J II V F I 'VI IVVI 1 J\-l T , IIV'I III T1 L.'l TTT tT I 1 1 TV 

beginning at- a point eft 4te south shefe 
44£4+;Uf4X-7*43*U4*4Wt running 
()2S° (34+ to a point eft toe north shore 

(44+ Swan Crook, east ef a tote beginning at- 
a point eft toe south 4-5- 33^ 444 X - 76°- 
37^ 3*4 Wf running 018° 34 to a point eft 

toe HwUt 4ww 44^ 04: ax; x - 7*4 ¥)- 342 
Wt 

(+4 l nnam e d Iributury, west ef a tote be- 
ainninti at- a point eft toe south shore 44- 
34: 4+4: 4; . ^2 44: 221 Wt running 444*4 
34 to a point eft tot* nortli shor e 4-§^ 34^ 
24i 4, . 4*4: a*4 441 Wt 

(44+ I innamod tributary, w e st ef a tote be- 
ginning eft toe 1. 11 nth shor e 44- 34^ 44^ X 
I 4*4 44: 3*4 Wt running U4*4 34 to a 
point e« toe north shorn 44- 34 1 4*4 X - 
4*4 3*4 44-: Wt 
(+44 l nnam e d tributari e s, north wont ef a 
tote beginning at- a- point eft toe north 
4hw 44^ 34-4^ X - 4to 3*4 4*4 Wt fwh 
niim 344- 4M+ to a point e» toe south 
4^ 4^ 44: 4to X - 74- 3*4 4*4; W-t 

(44+ 1 ong Crook , north ef a tote beginning at 
a point eft t+K* west shore 44- 33- 3*4 41- - 
4^1 40: uto W4 running 44W 4U+ to a 
point ee toe east- short' 44- 1 33- 3+-; X - 7*4 
44:4m Wt 

f+4+ Willow Cre e k, east- ef a tote beginning at 
a point eft toe north shore 44- 34- 1 4*4 X 
. 4*>i OJC 442 Wt running +47-; (34+ to a 
point ew- toe south short * 44- 34- 44; X - 
44- 4*4 44^ Wt 

(4-4+ Abels Bay, ubos a tote beginning at- a 
point eft toe west short * 44- 34- 4-4 X — 
44^ 44: 44; W running +43^ (34+ to a 
point eft toe east shore 34°- 344 44- X — 
441 44- 4U-; Wt t hence 344- (34+ to a petftt 
eft toe south stotfe 34^- 3r4 4to X — 4*4 

44444; Wt 

f+44 Crooked Creek, north ef a tote beginning 
at- a point eft toe east shore 44- 3-4 34-4 X 
. 441 4X 44; Wt ninning 343- 34 to a 
point e» toe west shore 34°- 3-4 37^ -N- - 
444 4t4 44;Wt 
fef to toe Pungo Ri' i er j\rea 
414 l'ortoscut * ( "reek : 

(Af Ileiidwatei '. e+" ['ortescue Creek, south 
east- ef a 4r+e beginning at- a point eft 4*e 
southwest stow 44^ 34^ 34^ X - 74i 444 
43- 1 Wt running 06 1 1 4Ut to a point eft toe 
northeast s4e*e 44^ 34^ 4ft^ r4 - 4^4 4to 
U^ Wt 

f+H Warner Creek, north ef a kme from a 
point eft 4*e eat4 shore 44- 34^ 444 X — 
74^ 44- 4f4 Wt mnning 3^*3^ frVf4 to a 



point eft toe wet* shore 34°- 3r4 \W- N — 
4*4 444 4*4 Wt 

f*S) Island Creek, north ef a ftoe beginning 
at- a point eft toe west short * 44^ 34^ 44^ 
4, _ 441 44: 221 Wt mnning 4«4- 4U^ to 
a point eft toe eat4 shor e ^S^ 3*> 4to -N- — 
44^4X444 Wt 

(44) Dixon Creek, south ef a 4fte beginning 

f > * ii «~w 1 1 « 1 t 'iK, 1 1 -. k I 1 mliiii I ' . \mt I \ ! S I . I 

11 1 rr rrTTTTTT li i.'\..' f \. i 1.11'iffii rrmTT . p _■* i_ . t . 7 1 

X - 74^ 44^ 44^ Wt running 374- fA+f to 
a point eft toe west shor e 34^ 34- 44 1 N 
_4to44-44^Wt 

(444 Pasture Cruelc, north ef a ftoe beginning 
at- a point e«- toe east- shore 34°- 3*4 4to -N- 
-74^344 44^ Wt mnning 377^ (34+ to a 
point above Pasture Point 34°- 3**^ Uf4 X 
_44i 44_44iWt 

(4-4 A44 tributaries eft toe northeast shore 
ef lower b ortescue ('reek, northeast ef a 
f4»e beginning at- a point 34°- 34^ 44^ X — 
74°- 344 43^ Wt running -4442 4*4+ te a 
petot- 44^ 34^ 34^ X - 7*4 - 4f4 44^ Xt 
(3> *'4«4e Creek: 

(A) Slade Creek, south ef a ftoe beginning 
at- a point above Jones Crook lr¥- 3X ^i^ 
4, _ 4*4 444 44-; Wt mnning 4443^ (44+ to 
a point eft (4+e north shore 44- 37- 44^ X 
-4^.44:44: Wt 

(434 Jar^'is Creek, northeast ef a 4«e begin 
fttftg at- a point ee toe '. outheu ' Uern shore 
44^^3*4 4-r X - 7*4 4to 44^ Wt Rinning 
434^ (44+ to a petto- 3rV 3*4 44^ X - 74°- 
3f4 4*4 Wt 

fG+ Jones Creek , south ef a tote beginning 
at- a point e«- toe east- shor e 44- 3X 4to' X 

- 7*4 444 442 Wt running 4444 (44+ to a 
point eft 4te west shore 44- 3*4 Qto X — 
4*444:44; W+ 

(44+ Becky Crook, north ef a Itoe beginning 
at- a point eft toe ea*4 shore 34°- 3*4 43^ X 

- 4*4 44- 47^ Wt mnning 377-1 (44+ to a 
point eft toe west shore 44^ 3*4 43^ X — 
4*4 444 4to Wt 

(44+ Neal Crook, north ef a ftoe beginning 
at- a point eft toe east- shore 44^ 3*4 -4^ X 
_ 4*4 44: 441 Wt mnning 374^ (44+ to a 
point e» toe west- shore ^S 1 3*4 4*4; X — 
J£L Ui 4+2 Wt 

(44+ Wood Creek, north ef a tote beginning 
at- a point e« toe east- shore 44- 3*4 4*4; X 

- 744 4X 334 Wt running 377-; (44+ to a 
point eft toe west- shore 44^ 3*4 4*4 X — 
4*4 43^4toWt 

(44+ Spellman Crook, north ef a fate begin 
fttog at- a point ett toe east- shore 34°- 3*4 
\Al X - 7*>4 43: 434 Wf mnning 344- (44+ 
to a po i nt eft toe west- shore i^- 3*U -44; 
4, _ 4*4 4r4 44-; W+ 



NORTH CAROLINA REGISTER 



S3 



PROPOSED RULES 



(A4j Speer Creek, east- erf a erne b e ginning 
at- a point em ehe north shore 4X 4X ^X 
X - 44X iX 3+: Wf running 20X (M) to 
a point em ehe south shore 4X 2X £X X 
_XX4X4XWf 

(-et Church Creek *h4 Speer (iut, ee»t- erf a 
4eee hemnnmii at- a point em ehe northeast 
4»w ixxxxxX-44X4X442Wf 
minima 22S fA-4-> k+ i* point em ehe 
southwest 4^fe XX 4X XX X _ J&. XX 

(X) Allison *m4 loeman Creole, south erf a 
Ime bc ' Lunninu at- a point em Purmalco 
uvm* S5£X^4^^_5^35i©?iWf 

running 2X6" (44) ee> a. point em eke 
.. outhwest 4ww 4X XX XX X - 44X 4X 



(3) 



4XWf 
I'uiiiio Creel 



Vales Creek, north erf a 
4«e hemnninu eet- a point em eke southwest 
•X^ 4X402XXX-44XXX442Wf 
runn i ng 04X fX|) te rt point em ehe 
northeast 4ww* 4X XI- 0+2 X - 444 X4 

SX^Wr 

(4) Battalina aee4 Tooloys Creeks, northwest 
erf » erne heinnnine. at- a point em eke north 
Oww 4X 4X 3+4 X - 444 4X 442 Wj ftm- 
nina 326" (X4-^ ee> a point em ehe south 
■4mee 4X X2- OX X . XX xs: 4X Wt 
fee} -en- ehe Pamlico Miser Area 
(X) North Creek: 

(A) North Creek, north erf a erne beginning 
at- a point em ehe w e st shore XX 4X XX 
X - 44- 40: OX W? running 04X (44+ ee> 
a point em ehe eeest- shore 4X 3X -44 X — 
;ZX-X4 0X Wf 

(44^ Bast hoik, northeast erf a k4ee beginning 
at a point em- ehe northwest shore 4X 4X 
XX X - 444 40- OX: Wf running 44X (M) 
ee> a point em ehe southeast shore 4X 3X 
44^-7P XPtMXWr 

(4-4 I 'ning 44m Creek, eeevt- erf a eme begin 
nin t i at- a point em Chambers Point 4X 
4X 44- X - 46- 4X 4X Wt running 04X 
f444 eev a point em ehe north shore 44- 44 
OX X - 44X 4X 442 Wf 

(4X I ittle 1 ' iist Creek, west erf a kme begin 
ning at a point em Cousin Point 342. Xi: 
QO^ X - 44- 4X 4X Wf mnning 0442 (XU> 
ee> a point em ehe north shore 4X 44 042 
X-2X-4X4X Wf 
(-3) Cjoose Creek: 

44+ Creek north erf Uostic Point. w4 erf a 
h«e bemnninu at- a point em ehe north 
4hw 4X-e02XXX-44X4X4XWf 
runninu 179° (444 ee> a point em ehe south 
.Xew ^X +02 4X X - 442 424 XX Wt 

4R4 I pper Spring Creek, eee* erf a h+ee he- 
ginning a* a point em t-he north shore 4X 



XX 30^ X -244 XX 442 Wt mnning -eXX 
f4+T eev a point em ehe south shor e 44- 4X 
XX X - 442 XX 442 Wf 
(42) 1'Listhum Creek: 

(t) SkiJe I anJing Creek . south erf a 44>e 
beninninu a4- a point em t-he west shore 
X52XX442X-442442442Wf running 
440- f4X> ee> a point em ehe eeest- shore 
XPX4XXX-44-4X4XWf 
(«) Molkird Creek, north erf a 44>e begin 
ning at- a point em t-he we-4 shore 4X 
XX"402 X - 44£ ^X 001 Wf mnning 
122° (M) ee> a point em- ehe eee^e shor e 
XX XX XX X - 742 4X OX Wf 
f42>f Dixon Creek, een-4 erf a 4eee beginning 
a4- a point em ehe north shore 4X 4X 4X 
X -44XXv2 4X Wf running XIX 4VX; e*+ 
a point em- ehe south shore 44- 4X 4X X 
-?4*44 Wf 
(X> Oyster Creek: MiJdle Prong: 
fA) Oyster Creek, west erf a 4eee beginning 
a+ a point em tXe north shor e 4X 4X XX 
X - 44X4X042 Wf mnning 46X fXL> k» 
a point em ehe south shore 4X 4X OX X 
_%£X4 002 Wf 
f444 Duck Creek, south erf a 44ee beginning 
at- a point em ehe west shore 4X 40- OX 
X - 44- XX 4X Wt running 04X f4+4 eev 
a point em- ehe ea*4 shore 4X +m XX X — 
%i XX442Wf 
(4-4 James Creek . southwest erf a 4«e be- 
uinninu at- a point em ehe north shore 4X 
+X 4X X - 444 XX 302 Wf running 44X 
4N++ en- a point em- ehe southeast shor e 4X 
XXXXX-442 XXgxWf 
(-D7 Middle Prong, south erf a h+ee beginning 
at- a point em ehe west- shore 4X XX 444 
X - 444 XX ox Wf mnning 44X- 44H en- 
a point em ehe ea*4 shore 4X 4X 4X X — 
gX-4X4X Wf 
(X4 Clark Creek, southeast erf a 44>e begin 
ninu at- a point em ehe southwest shore 4X 
XX "OX X - 24S2 4X X2^ Wf running 044X 
(2\-e+ ee> a point em ehe northeast shore 44- 
XX-4XX-24S24X042W. 
(e) in ehe W e stern Pamlico Sound Area 
(4) Mouse 1 Iarbor: 
(rV)- I ong Creek, north erf a 4ete beginning 
at- a point em ehe west shore 4X 4X XX 
X - 44X 40- XX Wf mnning 0XX f4e> ee- 

a point em ehe e*4 shor e r^X 4X XX X — 
342 4X XX Wf 

(44f Small tributary e**e erf 1 ong Creel;, 
northeast erf a 44*e beginning at- a point em 
0*e west- 4m*e 442 XX 44- ~X - 44X Xi- 
44- Wf mnning 44X (444 te a point em ehe 
e#4 smew 4§i XX XX X - 24X XH XX 
Wf 



84 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(44) Cedar Greek tm4 adjacent tributary, 

.,11 l< 1-1 /IT 'l I . «i , » rVQlH«mmrt ' ■ T <1 J-n-1 IT-l f ft «-l ll^a 

v\} u 1 1 1 ctt cr mi i~ i 'i. t-.ii Rune err cr i tttctt tttt h re." 

we** shew 44£ 444 ££ N - 46^ 44^ §^ 
Wt running 444^- (44) to- a point e» toe 
eas* shwe 44£ 44: ^02 X _ 74° 210: u^ Wt 

f I \ Din Pp t-*~* . \ t t- a I J -it: 11 -i >.-♦ ■■•» t ■ 1 ln\,i kiiiiinrnnii 
I T T 1 Ttg T ^Tl TTtJITTC I Til T , H U ' I rTT CT III IV I *\. Z-.il 11 III 1 i, 

at- a point eft toe north shoro 44^- 44 1 44^ 
iv _ 7*£ 44^ 402 Wt running 444^ fM) to 
a point e» toe south shore 44- 44^ 44>^ 4» 
_ 74i 4»: 4212 Wt 
(44 Middle Hay, went ef a foe beginning at- a 
point e«- toe r . outh shoro 44^ 44 : 2£i -N- — 
54a 342 441 Wt running 444^ (44) to a 
point e» toe north shore 44^ 44^ 44^ rV — 
%^4^40^Wr 

I ittl e Oyster Creek, north ef a foe hegin 
ninu at- a point eft toe west shoro 44^- 44 1 
g&z ii _ 74° J&. 442 Wt running 444^ (44+ 
to a point eft toe east shore 44^ 4-4^ £¥■ 
± _ %2. 30: saz Wf 
(44 4^^ 44ay_ west ef toe I WW: 

(A) Lambert Creek, west ef a foe beginning 
at- a point e» toe r . outh shore 44^- 44^ 44^ 
X - 76^- 4-4 40^ W running 444^ (444 to a 
point e«- toe north shore 44- 44^ 44^ rV - 
742 ^44^Wt 

(444 Ditch Creole . r . outh h4 a foe beginning 
at a point e«- toe west shore 44- 44^- 44-^ 
:\. _ 742 44: 44: W? running 444-^ (444 to 
a point e» toe east shore 44^ 4^ 4-P 4» — 
74^ 44: 44^ Wt 

(€4 Drum Cre e k, north ef a foe beginning 
at a point eft toe west shor e 44^- 44^- 40^ 
2>; _ 74^ 44^ 44^ W- running 444^ (444 to 
a point e«- toe east- shoro 44- 4-4^ 4$-^ r4 — 

74^44^44^ Wt 
(444 Two small tributaries e» toe south 
shor e at toe mouth ef Jones Bay, south 
ef a foe beginning at a point em toe west 
stowe ^24^36^X-44^44^44^W-7 
running 10 T (444 to a point em toe east 
sfofe 44^ 44: 4to' 4. - 74^ 44^ W- W, 
(44 to toe 44ay River Area: 
(44 Mason Crook, southeast e4 a foe bogin 

nirm ■ . t <i r.ni»t ft n 11a^ rnnthu'.wt I h.ir.i t S 
ITUIg II l CT pTTTTTT rTTT lilt W "-1 1 I I TT \. -'T. .'I [91 *- «.' ^' 

0A: 44^ iv _ 74^ 44^ 4^ Wt mnning 044^ 
(444 to a point »«■ toe east- shore 44^ 4^- 
44^ >, - 44^ 44- 4-P Wt 

(44 Mooro Crook, southeast to a foe b e gin 
ninia at a point em toe southwest shore 4P- 
ftg: §3^ >, _ 74^ 44- 4*^ Wt running 444^ 
(444 to a point em toe north shore 44^- 4^- 
^2 X _ 74^ 444^ 44^ Wt 

(44 Small tributaries fern 44e44 Point to 44a44 
Creek, southwest to a foe beginning at a 
point »«• toe northw e st shore 44^ iW- 44^ 
^. _ 74^ 44^ 44^ Wt running 44^ (44} to 



a point »» toe southeast shore 44^- 44^ 44^ 
^. _ 74^ Z& 44^ Wt 
(44 44a4 Crook C^abin Creek, south to a foe 
boginnin'-! at a point »» toe west shoro 44^- 
aa:4O2^-74^4^04^Wt running 444^ 
(44) to a point en- toe east- shoro 44^- O^ 

^*^^ T^^ ^^ ^T^^ ^^^^ ^T^^^ T"t^^ 

(44 Bonn e r Bay: 

(A4 Riggs Creek, west to a foe beginning 
at a point em toe north shore 44^ 00^ 44^ 
iv _ 74i 44^ 44^ Wt running 444^ t444 to 
a point »«• toe south shoro 44^ 09^ 44^ -N- 
-74^44^ 44^ Wt 

(444 Spring Crook, west to a foe beginning 
at a point em toe north shore 44^- 44^- 44^ 
jv _ 74^ 44^ 44^ Wt running 444^ (A44 to 
a point em toe south shoro 44^ 4^ 44^ N 
_74^44^04^Wt 

(G) Bnan Creek, south to a foe beginning 

ill CI I 9% fit 1 1 Oil tTTT? T'VTTvTt f T 1 11 ) 1 1? ,_? w* ' TrJ B S ' 

jv - 44^ 44^ 44^ Wt running 444^ (j>44 to 
a point eft toe east- shoro 444 Q£: 3^2 i; _ 
74^ 44: 44^ Wt 

(44) Dipping Vat Crook, east to a foe ee- 
uinninti at a point eft toe north shore 44^- 
0O:4^4r-?4^44:44^Wt running 444^ 
(444 to a point eft toe r . outh shore 44^ eW- 
Qm ^ - 44^ 44^ 44^ Wt 

(44) I ong Crook, south ef a foe beginning 
at a point e«- toe west- shoro 44- e)%- 44^ 
i,_74-4+ i^i Wt running 494>i (444 to 
a point e» toe east- shore 442 Q&: 432 ^. _ 
74^ 44^ 44^ Wt 

(4*) Small tributary eff I ong Crook, west 

rrr cr rrTTr* t^t?^53i i 1 1 * I it! Q I rt x H. 7 1 * i T Wtt tTfl? 1 1 1 J I 1 1 1 

sto^e 44^ 4V 444^ N- - 44^ 44^ 44^ Wt 
runninu 444- (444 to a point e» toe south 
skefe44^ (#l 042 ;v _ 742 ^4: ^2 W-t 

(4) Rock Hole Bay, northeast ef a foe be- 
thnninu at a point eft toe west shoro 44^ 
442^02^.-74^44; jl4^ w- running 444^ 
(444 to a point eft toe east shore 44^ 444 
44^ 4. - 44^ 44: 44^ Wt 

(4) Dump Crook, north ef a foe beginning 
at a point e» toe west- shore 44^ 44^- 444 
2v - 74^ 44: 44^ Wt running 444^ (44) to 
a point eft toe east- shoro 4P 44-^ 4£4 N — 
74^ 44: 34^ Wt 

{84 Tributari e s east ef IWW at Gal e s Crook, 
east ef a foe beginning at a point eft toe 
north shore ef toe northern tributary 44^ 
402i^4;-4£.44:4Q2Wt running 44^ 
(44) to a point e» toe south shoro ef toe 
southern tributary 44^ 44- 444 -N- — 44^ 44^- 
04^ Wt 

(4) Gales Crook a«4 adjacent tributary, west- 

tf T fT tTTTT? T*Triil 1 1 1 1 1 1 I >i Lit CT I *\ US 1 1 WTT TTT^? HT_TI tit 

shefe to G^es Gfeek- 44^ 44; 44^ 4; - 44^ 



NORTH CAROLINA REGISTER 



85 



PROPOSED RULES 



4X 4X Wf running 160" (44) to a point 
eft the south shore ef adjac e nt crook 4X 
+4.^?_:^-44-4X4X:Wf 
(444) Chadwick Crwk a«4 -No fceket Creek, 

II' 'I ill l ' I ct 1 1 1 Itr r*Trrr1 1 1 ! 1 1 1 1 ti err ct | H * 1 ( 1 1 I'll tttt? 

west shore 4X 4X 4&i X — 44^ 4X 441 
Wf running 044- 4*4) to a point e» the 
e^st she*e 4X 4^ 04-: X - 44^ 4X 44^ Wf 

(44) H e ar Creek, north ef a h«e beginning at 
a point e«- the west shore 44- 44- 4X X 
_ 3to 4X 4X W running 04X (44) to » 
point ee the east shore 44- 44- 4X X — 
3^4X4X Wf 

(44) I ittle Beef Crook, north ef a fee begin 
ning at a point eft the west chore 4X 444 
UtS\ - 4X 4X Jt4 Wf running Q4X (44) 
to a point eft toe east- shore 44- 444 4-to 
>, - 34- 4*4 04^ Wt 

(44) 444 '. mall tributaries to 44ay Riser from 
Petty Point to Sanders Point, closed at 
month; 

(44) to Vand e m e r e Crook: 

(A) Cedar Crook, north ef a h«e beginning 
at a point eft the west shore 4X 44-: 4X 
X - 34- 4»: 4to Wt running 044- (44) to a 
point H+t- the east shore 44-44- 44-: >, _ 34.. 
411:44^ Wf 
f44) 1 ong Creek, east et a tme beginning at 
a point e« the north ' . . hore 44- 44- 44-: i; 
_ 3to 4X 40- Wr running 444- (44) to a 
point eft the south ' . ' hore 44- 44- 4X X - 
44^44: 4^ Wf 
f444 I ittle Vandemere Creek, north et a hee 
houinninn at a point e«- the west chore 44- 
42-03-:X-4to4U:4X:Wf running +40- 
(44) to a point eft the east chore 4X 4X' 
Oto W - 34: 44: 4-4- Wf 

4h4) Smith Creek, north et a hee beginning 
at a point eft the west chore 44- 444 44-: 
>, _ 34- 40- 4X W- running 04X (44) to 
a point e«- the east chore 4X 4-0- 4X X — 
44-40-44^ Wf 

(44) I laquT Creek, west et a h«e beginning 
at a point eft the couth chore 4X 04- 0O^ 
^4 - 34£ 44: 44-: Wf running 04X (444 to 
a point eft the north chore 44- 04- 44-: >, 
_3to 44-44-: Wf 

(44) Chapel Creek, north ef a k«e beginning 
at a point eft the west chore 4X 04: 444 
^ - 44^ 44: 44: Wf running 04X (44) to 
a point eft tee east chore 4X 04- 44 1 X — 
34-44-44-: Wf 

(44) Swindell Bay, couth et" a hfte beginning 
at a point eft the west chore 44- 04: 442 
X - 4to 44- 4X Wf running 44X (44) to 
a point eft the east chor e 44- 04- 444 X — 
444 44-40- Wr 
tot 4» the Nous e River Area North Shore 



(4) Swan Creek, west et a h«e beginning at 
a point eft toe north shew 4X OX 44- 1 N 
- 44^ 44: 444: Wf running 044-: (M) to a 
point eft the couth chore 44^- 04- 444 -X — 
44i44: 04^ Wf 
44} Broad Creek: 

4Vf (ireenc Creek, eect et a h«e beginning 
at a point ee the north chore 44- 0£h 04- 
4, _ 44i 44: 4*: Wf running 44-P f44+ to 
a point e» the couth chore 44-- 04 1 00- N 
_ 74- 44: 44-: Wf 

f44) 1'ittman Creek, north to a h«e begin 
nine at a point e» tee west chore 44- 04: 
4%L *i _ %l 441 44^ Wf running 044^ 444) 
to a point eft the ea*t chor e 44^ 04 1 44^ 
i, _ 74^ 44: 04^ Wf 

(44) Burton Creek, west ef a h«e beginning 
at a point e» toe couth chore 44- 04: 44-: 
4,-44^44:44^ Wf running 044- 4U) to 
a point eft the north chore 44- 04^- 44 1 4» 
_34-44-40- Wf 

(44) A44 email tributaries e«- the north chore 
et Broad Creek, north et a hee beginning 

■ 1 1 ^ ^^i^iiii 1 wfc 1 r \ t \ } i\ k \h T E I 'i t \ ^ t ^1 t \ \ ■> \ \ \ I. 1 \ 1 1 j 

ftwe4 tributar . 44^ 04- 44: X — 4to 44- 
49^ Wf running 1 00" 4>4) to a point ee the 
ea*t chore et the eastern most tributary 
^La4:44^X-44i44:44^:Wf 

(44) Brown Creek, northwe '. t et a hee he- 
ginning at a point ee the couthwect chor e 
44-04:40^X-444:44:44-:Wf running 
044- (44) to a point e» the northeast 
sh^e ^4i 04: 44^ X - 44^ 44: 44^ Wf 

(444 Broad Creek including (iideon Creek, 
west et a h«e beuinninu at a point ee the 
^4+ito shefe 44^04:444:X-44i44:4ai 
Wf runnina 044- (44) to a point e» the 
Ht+f tosftefe44i 4X404 4,-44^44-44-: 
Wf 

(44) 44*f Creek , couth et a hfte b e ginning at 
a point e» the west shore 44- OX 4X 4, 
_ 44^ 4X 44^ Wf running 004- (44) to a 
point ee tt*e ea*t shore 4X 44: 4X 4, — 
44^4X4to' Wf 

(44) Small tributaries ee*t et 44* Creek, 
couth et a hee beginning at a point eft the 
west shore ef the western tributary 44- OX 
44>: X - 44^ 44- 04^ Wf running 4444 (44) 
to a point ee the east chore et the eastern 
tributary 4X0X4XX-44^44:4X:Wf 

(4) 4444 Creole *m4 Cedar Creek, south ef a 
h«e beginniniz at a point ee the west shor e 
,4 :V4t4 44eek 4X OX 4to X - 44- 4X 04^ 
Wf running 4444- (44) to a point ee the 
east shore to the eastern tributary 4X UX 
221 4; _ i& 44: 4X: Wf 
(4) Orchard Creek north et a hee b e ginning 
at a point eft the west shore 4X 04- 4X 



AY) 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



^_%a^:3^ Wt running 444-^ (444 to 
a point o» At* east -. horn 44- OX XX X — 
:?4i X4 444 Wt 
(4) Pierce Crook, north of ft hoe hoginning 
at a point oo the w e nt shore 44- 4X 3*4' 
jv _ ^ 40: OX Wt running 04X 444+ to 
a point 00 the east shor e 35^, 02- X±Z X — 
;Z4-40-0XWt 
4>4 Whittak e r Gfeek; north of a hoe begin 
ninu at a point 00 the west chore 25 s - 44 
XX~X _ %i -4-1- 4t4 Wt running 004- 44+4 
to a point 00 the east shore 44- OX 4X 
>; - 44i 444 444 Wt 
(44 Oriental: 

fA4 Smith ao4 Morris Crook, north ef a fete 
houinninj at a point 00 the west shor e 44- 
0XXXX_4o- 4X 4X Wt running 004^ 
(A4+ to * point 00 the east shore 3rP 42- 
44^ X - 1&- 4X 42^ Wt 

4B4 'rrihutury eff Smith Gfeek west , west 
ef a hoe houinnin 1 -' at a point eo the north 
sko,* X5^0X444X-;444X4iXWt 
runninu IS 6"' £M4 to a point 00 the south 
sl+ew, ix OX WT X - 44: 43- 4-tX Wt 

(€4 1 ributary oft Smith Crook, east , east 
of a hoe houinniim at a point 00 the t ututli 
sb» 4^fe«3\-»4*4XW; 
runninu 02ft" (44-)- to a point 00 the north 
4*** 4X 02- 044 X - 44- 42- 44-: Wt 

(44} Crook west of !4Vwey Point, noiih ef a 
hoe begwwwttg at a point 00 the west shefe 
X5a0X4XX-4*44X4X:Wt running 
040- (M) to a point 00 the w e st shor e 4X 
0X444:X-44^42-43-Wt 

(44 Two tributaries 00 the sooth shew ef 
Greens Crook, south ef a hoe hoginning 
at a point eo the west shore ef the wo ' torn 
efeek- X>-0X24-:X-4o-43-4U-Wt 
running 1 10 f444 to a point tut the east 
shore ef the eastern crook 44- 04- 40- X 

fo4 Greens Crook, west ef a hoe hoginning 
at a point eo the north •■ horo 4X- 04- 4X 
X - 34£ 4X OX Wt running 44X 4444 to 
a point w* the > - . outh shor e 4-^ 04- -54^ X 

_%i4XiXWr 

f*34 Kefsbftw Crook, north »f a hfte ho gin 
ninu at a point hh- the west i . horo 4X1 04- 
44^"X - 14£ 4rU 02^ Wt running 470^ f44> 
te- a point oh- the east '. horo 4-S^ 04^ 4^4 
^_%a4XiiX:WT 

f44-)- Windmill Point, i . outhwo '. t ef a hne 
b e ginning at a point t+» the northwc . t 

r l-inrn XSZ iXX- 1 1 " X _ l&S IT I C" 1LU 

ruiuiing I MY f444 to a point e» the 
iiouthoa - .it 4n«e 44^ 04- 44^ X - 414 4X 

44- Wt 

(4h 4ft the Noii '.e Rivet A+ea South Shore 



/ 1 I I ll lKll\flt I f , t ■ 1 1MI it tl J \ I I | ln^.l , 

y 1 1 TTTTrr^TT7T7T T. ,1 Cvn > L'l I LI 1 1 1 TTT CT III I v 

at a point e« the west ! i horu 44- 42- 44^ 
X-44^ 444 44^ Wt running 404^ fM4 to 

yTT7TTTT rTTT TTTC CTTTtT C 1 1 1 1 ' 1 t- .7 T ~* C I — ' I * ^^ 

%^444 44^ Wt 

/ A t \ * 1 1 , ■!-! , j 1 1 ( «■ , > . . 1 » i ■ . ■ . • * . ^ t ■ i liti.i h,..niiiiiiiii 
I J I I rTTITOITCH V ! t ^ W , TTTTT CTT CT OTTO 1'ICL,1IIIIII TT-. 

at a point *+«■ the i . outli ti hor e 44- 44- 44^ 
X - 4ft^ 4r4 44^ Wt running 424- £M4 te 
a point hh- t4*e north i. horo 44- 44 Q^ 1 X 
_74^ 44^444: Wf 

f44f Guidon Crook, east h4 a htte hoginning 
at a point t+n- 44e south -. horo 44- 44- 04^ 
X - 74^ 444 444 Wt running 04X 44H k+ 
a point h» the north shoro 44- 4X 4-X X 
_74i4X4X: Wt 
(34 Adumr . Cre e k: 

(A4 (iodfroy Crook, sewthwest b4 a h«e he- 
ginning at a point *-►«■ the northwest shore 
44i4X444X-54i+4H44WT running 
151° (444 to a point t+» the south shore 
i4_44-4tV:X-4444X44^Wt 

(444 IX'lumur Crook, southwest t4" a h«e he- 
ginning at a point e» 44e northwest shore 
X^4X0XX-74-40:44:Wt running 
4444- (444 to a point h» 44e !. outh shore 
X^44-00^X-44^4O:4r4:WT 

(4-4 K e llum Crook, west t4 a h«e hoginning 
at a point e« 44e north shor e 44- 44 1 i^r- 
JV - 44- 4U- 40- Wt running 4W4- f444 to 
a point t+» the r . outh shore 44- 44- 2^- X 
_ 742 40: 44^ Wt 

(44f Koumov Crook a«4 unnamed tributary 
north, west w4 a hne beginning at a point 
en the north shore b4 44e north creek 44^- 
iX0XX-54^40:0O:WT running 4^4^ 
(44-) to a point oh the south shore of 
K e arnev C-tee4 4X 4X 444: X - 744 444 
04^ Wt 

(44) Isaac Creek, southeast of a hoe begin 
ninu at a point 00 the west shore 44^- 44 
441" X _ 44i 44: 04- Wt running 402- (444 
to a point 00 the east shore 44^- 44- 44- 1 
>, _ 74- 40: OX Wt 

(444 Back Crook, south of a hoe beginning 
at a point 00 the west shor e 442. 4X 4P 
>, _ 74£ 40: 4X1 Wt running 441X (444 to 
a point 00 the east shore 4X 44- 444 X — 
74^4X4X:Wt 

(444 Cedar Creole, south of a hoe beginning 
at a point 00 the west shore 4X 4X 4-4: 
X - 444 444 444 Wt running 004^ 4444 to 
a point 00 the east shor e 44- 4X 44 1 X — 
741X^X21 Wt 

(44+ Jonaquin Crook, north of a hoe begin 
ninu at a point 00 the west shore 4X 44: 
444 X - 4^4 444 xr W- running 444^ (444 
to a point 00 the east shor e 44^ 444 444 
X - 24^ 444 XX Wt 



NORTH CAROLINA REGISTER 



87 



PROPOSED RULES 



I I t I ll lnli\liilii ( r. t. > 1 • I i •» t -. ]m t i I 

\ I } I mTTTTTTTTTC " I W H , CTTTT vTT cT I 1 1 I V_ 1 

at a point eft the north shor e 44-i 441 44H 
X _ Tfri 401 4411 Wt running 440- 4M) to 
a point eft the i. outh !ihoa » 44- 441 42^ N 
_%-4^4+^ Wt 
44) Sandy I hiss Crook, north ef a ktte be- 
ainnina at a point eft the we*rt shor e 444 
47-44-iX-44-4ai44iiWt running 4444 
4\4) to a point eft the east sfeete 44- 441 
-44 X - 44- 401 44H Wt 
Gaihacon Qftfelfe south ef a htte heain 



P) 



mna at ft point eft the west shore 44^ 441 
(44^X - 444 4r4 44H Wt running 4041 4)4) 
to a point w+ the east shore 44- 441 QQZ. 
X - 44- 4J4 4(4 Wt 
(4) South River: 

(-V) 44g- ("rec i k. southwest ef a htte hogin 
ning at a point m* the northwest shefe 44- 
44: "441 X - 441 44- 22- Wt running 44(4 
(44+ to a point t» toe southeast shor e 44^- 
^-4Uiiv-44i44:4^Wt 

(44) 1 lorton Bay. north ef a htte beginning 
at- a point eft the west f . hor e 442- 4*4- 44H 
X - 44- 44- 444 Wt running 444H 4)44 to a 
point eft the west shor e 44^ 441 44H X - 

4>4 Brown Crook, south ef a htte beginning 
at- a point eft the west shore 44- 44 1 444 
X - 44-1 44^ 44 Wt running 444- 4V4> to 
a point eft the eas-t shore 44-- 441 444 X — 
5^-44^441 Wt 
44) I urnaaain Bay: 

(-A-) Abraham Bay, went ef a htte b e ginning 
at a point »«• toe north shore 44^ 4(4 (44 
X-44H 444 44H Wt running 4X41 4)4) ^ 
a point eft toe i. outh Sftefe 44- 44- 4441 X 
_ 74 441 44-1 Wt 

(44) Broad Crook m4 adjacent tributary' , 
west ef a htte from a point eft toe north 
she*© 44^ 441 44-1 x - 44^ 4(4 341 Wt 
runnina 151 (-44) to a point eft the i . outh 
sbftf* 44-1 4S4 4411 X - 44- 4(4 0*4 Wt 

4(4) Mulberry 1 Point Crook, I ump Crook 
a«4 adjacent tributary, east ef a htte ee- 
gmning at a point eft 4>e north i . hor e 44- 
4(4 4S41 4r - 44i ji4 4411 Wt running 4441- 
(44+ to a point eft t4te i . outh i . hore 44 s - 441- 
4(41 X - 44^ 441 44H Wt 

414) Deep Gut, ea*t ef a U«e beginning at- a 
point eft toe north i. horo 44^ 4^4 44H t4 — 
441 414 (441 Wt running 444i 4M4 to a 
point ett the '. outli ' . . horo 44- 44- 44-1 X — 
44-454 4411 Wt 

fF4 +ftg Gut, r . outhoar . t ef a fitte beginning 
at- a point eft the north ; . hor e 44- 441 04.1 
X - 44- 44- 44H Wt running 4444 4M4 to a 
point eft the i. outh shore 44- 44- 44H X - 
74- 414 44- Wt 



44 Wer . t 44ay-t I .ong fray Afea 

44) 44tf Creek a«4 HenP ri. Creek, w«t ef a 
h«e beuinning at a point eft the north 
share 44^44i44iiTV-44i:4^4^iWt 
mnninu 156" 4M-)- to a point e«- the i. outh 
4tefe 44^ 441 441 X - 44- 441 4411 Wf 

42) ("adduggen Creek, west ef a h«e begin 
nina at a point ee the north '. horo 44- 44- 
3e^ N - 44^ 441 4411 Wt running 44r4 4Vf) 
to a point eft the i . outh i. horo 44- 441 \qz 
X - 441 441 44- Wt 
4}) Core Sound Ar e a 

44) Cedar Inland Bay, northwest ef a h«e 
b e ginning at a point eft the southwest 
c W a 1A° £0- 00" X — 26£. U- S c " \V- 

running 444- 44f) through Beacon 44 6 
to a point e» the northeast '. horo 44 441 
44H X - 441 441 444 Wf 

42) I e wis Cr ee k, north ef a htte beginning at 
a point ett the west shore 44^ 441 5411 X 
_ 44^ 441 44H Wt running 404^ 4>4) to a 
point ett the ea-4 shore 44- 441 441 X — 
44^444 444 Wt 

(4) 1 horo fare Bay: 
4A4 Tributary eff upper Thorol'are Bay, 
soutliwest ef a htte beginning at a point 
ett the northwest shore 44- 44- 24H 4r — 
44- 44- 4411 Wt running 444- 4M4 to a 
point eft the southeast shore 44- 44- O 1 
X - 44H 44 4411 Wt 
4ft) Banc's Bav, west ef a htte heuinnina 



at a point e» the north shor e 44^ 44- 44H 
4r — 44- 4(4 441- Wt Rinnina 4-44^ 4)4) to 
a point ett the south shore 44-i 44- 44-1 x 
_ 54H 441 44H Wt 

44; Nelson ftayr 
4A) Willis Creek att4 l'ulchers Creek, west 
ef a htte hoianninu at a point e» the north 
4rew ef W+ffe 44w4 44i 44 4411 X - 44^ 
441 441 Wt running 1^1 (44) to a point 
ett the south shor e ef lulchors Crook 44 
i£i.l_[_iX-44-44i44-iWt 
(44) I owis Crook, west ef a htte beginning 
at a point ett the south shore 44- 44 44-1 
X - 44H 44^ 4(4 Wt running 44+1 4\4) to 
a point e+t the north shore 44- 44 44H X 
-4^1341401 V4t 

(4) Cedar Creek between Sea I.ovol attd 
i\tkintic, w e st ef a htte beginning at a 
point ett the south shor e 44- 42- (44 X — 
?4i OX 441 W- running 4441 4)4) to a 
point ett the north shor e 44- 4t4 (441 x — 
%- 441 4411 Wt 

(4) Oyster Creel;, northwest ef the Highway 
44 bridge: 

47) Jarrotts 44a¥- Area: 
4A4 Smyrna Creek, northw e st ef the High 
wav- 44 bridae: 



88 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



\ i j t i-'iitn V-T.^ i D nnn uujuv\ 1 1 1 11 icuiiu t , ocroi 

\r\ CT ITTTv I '\- U-.1 1 II III IC^ II I CT I PT7TTTX I'll 11IU rTTTTTTT 

eUg-a 1.1° jV OQ" V _ T £° Tji: If." \l£i nm 

.Mil '1 ^J _J 1 I * J I 7 1 f \ 1 'IT £_ IT C I' T ! T 1 LJI I 

ning 017° (44) to a point o» the south 
u li i in i 7 1° XX- \S" X - 3 6S 4S4 MX W4. 

(44) Rroad C^rook, north of a hoe beginning 
at- a point oo the west shor e 34 s 47: #3^ 
4, _ ;4>4 49: 4£i W running 0444 (444 te 
a point em- the east shor e 44- 47: 484 X - 
444 38: 444 Wf 

(44) 1 lowland Crook, northwest of a lone 
beginning at- a point oo the southwest 
film 444 4?: a4^ X - 1& 30: §3^ W- roo- 
ftiog 040- (44) to a point wo A** northeast 
,4^442 '44: 44: 44 - 744 30: 474 Wf 

(4*4 Gfeat Creole, southeast of a hoe begin 
ning at a point oo the southwest shoro 4+4 
44:084:V-74430:434W running 0444 
(44) to a point oo the northeast shore 444 

47:4744,-74440:034W 

(44) Willir . ton Creek, northwest of the 
Highway 70 bridge; 

(44) Wade Creek, northwest of a hoe be- 
ginning at a point oo the south shore 4+4 
4444414;_;^440.334W running 0434 
(444 to a point oft the north shore 4+4 44 
444: 4, _ 44: 40: 442 Wt 

(444 Jump Run. north of a hoe beginning 
at a point oft the west shore 4+4 4M 4+4 
X _ 442 44: 344 W- running 0074 (44+ to 
a point oo the west shore 44- 44 1 4+4 N 
_44L40:3+4 Wf 

(4+ Middens Creek, west of a hoe beginning 
at a point oo the south shore 4+4 44: 344 
4; _ ^2 ^o: 501 Wt running 044^ (444 to 
a point e» the north shor e 44^ 44 : 3^ N 

(4) I usk Creek, northwet.it of a hoe begin 
ning at a point 00 the southwest shore 44- 
44: Jjz X _ J&L MX 4JZ Wi- running 044^ 
(444 to a point e» the north shore 44^ 44- 
4*1 N - 4o^ 44^ 48^ Wt 

(444 Creek w e st of Rolls Island, west of a 
hoe beginning at a point oo the north 
sk^e JU^44^4^o,-#440:4*4Wi 
running 161° (444 to a point 00 the south 
f,hofe i^- 4M 4o^ 44 - 1&- MX 34^ Wr 
fk4 Straits, North River, N e wport River Area 
(44 Straits: 

(A4 Sleepy Creek, north of a hoe beginning 
at a point bo the west shore 44- 44- 44-^ 
N — ?62 44- 44; W running «04^ (444 to 
a point 00 the east shore 44^ 44- 44^ 4v — 
^4^34^4f^WT 

(4+4 Whitehup.it Creek, north of a hoe from 
a point 00 oie west shore 44^ 4^ 4£4 4v 
_ l$L 2$. 3x1 w mnning 044^- (44) to a 



point oo the ea*4 shore 44^ 44^- 44^ N — 

J&L2MXM. Wt 
(3) North River, north of Highway 74 bridge: 
(A) Waoi Creek, hofO* of I "lighway 44 

bridge: 

(+4 North I eopard Cr e ek , southeast of a 
hoe hoainniim at a point 00 the south 
w«t shore 4-fc 44^ 44^ X - 74^ 44^ 34^ 
W running 055° (444 to a point 00 the 
northeast shoro 44^ 44X "44 44 - 744 44^ 
44i4 Wt 

(4+4 South I eopard Creek, south e ast of a 



hoe beginning at a point »o the south 

M-r — t - li nrn 3 1° 1 S' ">Q" t>i T*-° II' .1 1 " 

W running 444- (44) to a point o» the 
noilhoast shoo» 44^ 44^ 4J4 N - 76^ 44^ 
444 Wt 

(4+4 Turner Creek (Gibbs Creek), west of a 
hoe beginning at a point oo the south 
shore 4-P 44^ 344 4v - 74i 2%. AM. Wt 
runnine 012" (444 to a point oo the north 
4*oo> 444 44: 404 i, _ %^ ^74 444 Wt 
(44 Newport River, west of a hoe beginning 
at a point at 1 awton Point 444 44: 44^ x 
- %i 44: 044 Wt mnning 4^44 fM4 to a 
point oo the north shore 444 44: 341 ^j, _ 
^4244:44^ Wt 

fA4 Rus 'e l Creek, north of a fioe beginning 
at a point oo the west shore 44- 44^- 464 
X - 744 40: 474 Wt running 0074 (444 to 
a point on- the east shore 444 44: Myi 4v — 
%4 40:444 Wf 

(4+4 \\ r are Creek, northeast of a hoe begin 
ning at a point o» the northwest shore 444 
4o-^344 X _ 744 40: MX Wf running 4444 
(444 to a point oo the southeast shoro 444 
4443444;_74440:374W 

(G) +4eo Creek, northeast of a hoe begin 
ning at a point oo the northwest shoro 444 
47- -f04 X _ 744 40: 444 Wt running 4444 
(444 to a point 00 the southeast shoro 444 
47-0344;-74440-444W 

(44) bastman ('reek, east of a hoe beginning 
at a point oo the north shor e 444 XM 541 
X _ 744 44- 044 Wt running 4444 (444 to 
a point 00 the south shore 444 44: 441 >; 
-^4 444 044 Wt 

(+4 Oyster Creek, north of a hoe beginning 
at a point 00 the west shore 444 4&: MX. 
i>_74>4 43: 434 Wt running 0804 (44) to 
a point 00 the east shore 444 441 MX. iv — 
74443:444 Wf 

(+4 1 larlow Crook, north of a hoe beginning 
at a point 00 the w e st shor e 444 444 444 
4,_74- 44- 344 Wf running 04444 (444 to 
a point oo the northeast shoro 44-444 404 
4> _ 744 444 444 W 



NORTH CAROLINA REGISTER 



89 



PROPOSED RULES 



(v4f Calico Cre e k, west of a few beginning 



at a point o+* tfw north shore 44^ 4& 43^ 
4- - 7f4 44 4-4 W-r running 3414 (4H to 
a point oft the south shore 44- 4¥- 47^ N 
-7^44 44: Wf 
ffff Crub Point Hay, northwest of a few 
bou.iniiiniJi at a point oh- tfw southwest 
4hw 44- 44- 044 tV - 74^ 4r4 00: Wr 
running 047' f4+f to a point h» tfw 
northeast show 44- 44- W4 4; - 741 44 



04^ W7 
(1) Boguo Sound; Boguo Inlot A-r-ea 
(44 (ial e s Crook, above tfw 1 hghway 
h rid no; 



44 



f4+ 



Broad Crook, above tfw Highway 34 
bridge; 

Goose Crook, north of a few beginning 
at a point o« tfw west shor e 44^- 44 44^ 
jv _ 77^ 00^ 44 Wt running 0701 (444 to 
a point o+* tfw east shore 44-- 44 44 -N- — 
77^00:431 Wf 

Archer Crook, wont of a few beginning at 
a point oh- tfw north shor e 4-4 -W4 371 4- 
_ 77- 0U- 44: Wt running f44l f444 to a 
point o« tfw south shore 44- 44- 33^ 4r — 
77_UO:47-: Wt 

White (Oak- Rivor, north of a few begin 
nina at a point oft tfw west shore 44- 44- 
¥P ii -^ff^W- runn i ng 004- (44> 
to a point o» tfw east shor e 44- 44 44 
iv - 74- 44 47- W-t 

(Af P e tti ford Crook, east of a few beginning 
at a point o+* tfw north shore 44 44- 44' 
4- — 44- 44 44 Wt running 4444 4444 to 
a point o» tfw south shore 4-4 44- 471 4- 
.74- 44 44:iA4 

(44} 1 lolland 44+ff Crook, west of a few be- 
uinninn at a point o» tfw north shor e 4-4 
47. 401 ^. _ 74- 44- 44^ Wt running 444 
f4f+ to a point oh- tfw south shore 44- 44: 
^ :v - 77- 44- 4*: W4 
(6) (juoon's Crook, north of country road 
number 150Q bridge: 

4M Dick'r . Crook, west of a few beginning 
at a point o«- tfw south shore 4-4 40: 44: 
^ _ TT^OO: 44: Wt running 44S4 4M4 to 
a point oft tfw north shor e 4-4 40- ^4 4- 
_ 771 Ou: 344 Wt 

f44+ Parrot Swamp, w e st of a few beginning 
at a point o» tfw south shore 44- 44- 331 
± _ 77- 00- jjxl Wt running 4441 4V4> to 
a point oft 4w north shore 44 44- 44- 4^ 
_ 74- 00- 441 Wt 

f44 Hall's Crook. east of a few beginning 
at- a point o« tfw south shore 4-4 44- 001 
4- -44 04 44: Wt running 444- 44f+ to 
a point oft tfw north shor e 44- 44- 04- 4- 
_ 77- 00- 44- 144 



f7+ Bear Creek, west of Willis Landing. 
(tftf N e w Riv e r Area 

44) Salliers ffay area, alf waters north aftd 
northwest of tfw I WW houinninu at a 
potftt oft Cwoaf ffeftft 44 44 4J4 N- - 77^ 
+0-441 W to Beacon 4tor 44 44 44 S41 
jv _ 771 44 301 W including 1 Inward 8*^ 
Mile I lammock l?ay, Sidliers Bay, a»4 
Lroeman Crook; 

424 New River Inlet afea (including Ilollgate 
Creek m^i Ward's Channel), afl waters 
south of tfw I W W from Beacon 4rOr 64 
44 4444-:4;-77^4^444^Wto Beacon 
^44^4404^4--74i44:444W T 

excluding tfw marked New River Inlet 
Channel; 
434 New Riv e r: 
(A} Trap's Bay, northeast of a few begin 
nina at a point oft tfw east- shor e 4-4 44 
44: X - 77^ 414 44^ W running 447^ 444> 
to a point o«- tfw west shore 44- 44- 07^ 
iv _ 74: 3(4 44: Wt 
(B4 Courthouse Bay: 

(if Tributary of Courthouse Bay, south 
east of a few houinninti at a point en* 
Harv e y's ftofet 44^ 44- 40: 4- - 77^ 33^ 
34: W-t runniim 066 f44f to a point oft 
0*e east sftOftT44- 44 04^ 4- - 77- 34^ 

(»f Tributary of Courthouse Bay. north 
west of a few beginning at a point oft 
0w w*^ sf*ofe 4-4 44 04: 4- - 74- 33^ 
44: W-t runninu 044 f444 to a point oft 
hw east show 44 44^ 444 4- - 77^ 34 
444 Wt 
(fef Rutus Cr e ek, east of a few beuinninu 
at a po+ftt ©ft Wilkons fffeff 4-4 44 ftc 
iv _ 77i 34 44: \4 running mm (444 
to a point eft t4e north s . hore 44- 4-4 
37^ 4; - 44 34 4-P W-- 
(44 Wheeler Creek, south of a few begin 
ftfes at a point o«- Posertv Point 4-4 4-4 
Q4Z± _ 77^ 34 44: Wt running 344 (44) 
to a point o«- tfw west shore 44 44- 04 
>; _ 77^ 34- 34: W- 
(44) Fanni e Creek, west of a few beginning 
at a point o» tfw south shore 44^ 44- 44 
^ _ 77^ 34' 44: Wt running 44t4 444> to 
a point en* tfw north shor e 14- 44- 04 1 4- 
_77i34 4(4 Wt 
(44) Sn e ud's Cre e k, northwest of a few be- 
anninu at a point en* tfw east shore 44- 
74:4444;-444444Wt running 34-0- 
f44> to a point o«- (4w west shor e 44- 44 
441 4- - 44 34 r44 W7 
(44 Iiverotto Crook, south of a few begin 
ning at a point e» tfw east i. hore 44- 14^ 
f44 -V - 77^ 34- 44 W7 miming 344 (444 



90 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



to a point m+ toe west 4w 44- 44- +2^ 
N _ x^3X49^Wt 

(44) Stone's Crook, storthwest ef a km? be- 
ginning at a- point wt- toe setrtheasl shore 
34£.34i34l$4-5^3^^^Wt running 
301" (M) to a point m* toe northwest 
4***, xji 34: X£: X _ 221 3^53iWf 

(44+ Muddy Crook, north to a km? beginning 
at a point w+ toe west i . lion.' 44- 44 1 44^ 
X -22L x>: 454 Wr running 04X f44+ to 
a point »» toe ea^ shore 44- 46 1 44 1 X — 
H126L1&1 Wt 

(4+ 44+k Crook, north to a km? beginning at 
a point »«■ tm? west shor e 4X 44- 444 X 
- 44- 4X 44- W running +40- (44+ to a 
point t+» toe east shor e 4-4 44. 444 4v — 
X^aX4XWf 

(44 Whitohurst Crook, west ami south t+f- a 
km? beginning at- a point e» tm? south 
4*** i4ia44«xX-44-4X4XWt 
running 3 8 0° (-M+ to a point e«- toe north 
4*^ 44i X^: OX X - 44^ 4X X*z Wt 

(44+ I own Cre e k, west to a km? beginning 
at- a point t+» toe south short? 44- 4X 4X 
X - 44- 4*- Oto ■ Wt running OOX (44+ to 
a point o+t toe north ■. her e 44- 40- 4X X 

(+-+ I ewis Crook, southw e st ef a km? be- 
ginning at- a point t+tt toe southeast shore 
XX4XS6iX-44-4X4to'Wt running 
.101 ■ (44+ to a point mt toe northw e st 
4ww 4X 444 4X X - 4X 4X 4S-4 W+ 

(444 Northeast Creek, east- to a km? begin 
ning at- a point m* toe south sbefe 44- 44- 
44^X - 4X 4X 4X: Wt running 4144 (44+ 
to a point at- toe mouth to Scal e s Creek 
X4^4X4*4X-4X4X0toWt 

(44 Southwest Creek, southwest to a km? 
beginning at- a point »«• toe east shore 44- 
44-XXX-4X4X4toWt running 434- 
(444 to a point *+«• toe north short ? 44- 44- 
40^ X — 4X 44- 40^ Wt 

(44+ I'pp e r Nov . River, north to a km? be- 
ginning at- a point wt Mum ford Point 44- 
4X4XX- 44- 4X Oto' Wt running 444^ 
(444 through Beacon Xm 44 to a point 
e» toe west shore 44^ 4X 4X X — 4X 4X 
40^ Wt 
(4+ Chudwick Buy. ak wat e rs between a tote 
beginning at- a point wt Roses Point 44- 
XX 4X: X - XX 44- 4Qi Wt running 0X5-L 
(44+ to Marker Xm 6 »«4 toe 1WW: 

(A+ 1'ulliird Creek (including Charles 
Creek), northwest to a km? beginning at- a 
point w+ toe south shor e 44- 44- OX X — 
XX 4X Vr- Wt running 44*x (44+ to a 
point «*« toe north short ? 44- 44- 44 1 4v — 



(44+ Bump' 
ninu at- a point 



Crook, north to~ a Km? begin 



4^: X - 44^ 44^ 40^ W-i running 044^ (44+ 

to a point m* toe east shore 44- 1 43^ 4S^ 

X-441 4X44^*44 

(f>4 Stump Sound Area 

Stump Sound, aW waters north a&4 south »f 

WW fe» Beacon 44^4444^4^04^-44^ 

ax 44^ 544 to 44aflreF 4tor 78 44^ 44^ 44^ N- - 44^ 

4X 4X Wf e xcept 44U (eet to either stoe to" toe 

I WW from Beacon 4vt-»r 40 at Moms 1 anding to 

Marker 4tor 4>> at toe mouth to Beckys Crook 

ami except toe dredged canals at (4k4 Settler's 

Beach ami toe dredged channel from toe 1WW 

north to Marker 4** 44 to toe Qi4 Settler s 

Beach Canals. 

(•*+ Topsail Sound Area 

(4+ Virginia Creek, aJi waters northwest to a 

km? beginning t-H* toe southwest shore at 

a point Heaf toe mouth 44- 44- 4>4 4v - 

4X 4X 44^ W- runniim 4414 (44+ 444 

vatos to a petto 44^ 4X 44^ X - 44^ 44^ 

40^ W4 thence running 444^ (44+ 4004 

at Becky's Creek at a point 44^ 44- 44- : 
X - Ti- 44- 4to W4 with toe exception to 
toe natural channel as marked by- toe 
North Carolina Division to Murine 
l ; i '. heries: 



m 



«f» 



aii Creek, aii w tit e rs northw e st 

a bt+e beginning at a point 8» the 

southwest shore 



to 



xt- 44- 44^ X - 4X 4to 
4X W- runninu 044- (44+ to a point e» toe 
northeast sto>fe 44^ 444 44^ J4 - 44^ 4to 44^ 
Wt with toe exception to toe dredged 
chann e l as marked by- toe North Carolina 
Division e4 Marine Fisheries; 

(4+ Topsail Sound. a44 waters enclosed within 
a km? starting at beacon "BC" 4X 4X 44 1 
X - 4X 44-^4X: Wt running 444^ (44+ to- 
ft ptoto 44^4X4>4X-4X-4X44^Wt 
running 444- (44+ to a point 4X 44- 4-P 
X- 4X 4X 4>4 Wt running 44to (44+ to 
Murker 44* 44 44^ 44^ 44- r X - 44^ 4to 
44^ Wt running 056' (44+ back to point 
to ongin; 

(4+ Mallard 44a¥ jVren, ak waters northwest 
to' toe iWW kern Beacon 4vm 04 44^ 44- 
»4i4v-44^46:4X:Wtto Beacon Xm 04 
X42 ax X4i X - 44^ 4J4 44^4 W4 
ff*+ Middle Sound Afea 

(44 1 It) ward Channel ami I ong Point Chun 
m4 ureu, ak water ', southeast to" toe IWW 
(mm Beacon XmOS44^4K4XX-4X 
40- 44^ W to a point m+ toe north stoe ef 
tm? 1 igure & Island Manna Channel 44- 
1 <y t.'" x 222 is - ^S" IX h.-itl-i to** (Mi 

ception to 1 1 o ward Channel from toe 



NORTH CAROLINA REGISTER 



91 



PROPOSED RULES 



I WW to New Topsail Inlet, Green (.'han 
»t4 from Mark e r Xt*r 4-04 to Rich ^s Inl e t, 



(3) 



Butler s Creek (I ■ tlev't' i Channel) from A* 
WW, Rwto Bf Marker X»r 444r to 
Nixon's Channel, tt«4 Nixon V . Channel 
from | WW' to Rich' ;. Jtoe+T Tributaries to 
abov e named channel ', wto remain 
clos e d.]; 

I : ulch Creek, northwest e£ a Itoe begin 
ning at a point tr« 4te north shore »£ 
Port e r 



X 



■^e** 44- 444 0i4 X - 334 44 444 
W4 runninu 044- (444 to a point en* 
Bald e aul e itoif* 444 444 004 X - 344 44 

44- W-T 

£4) Pag e s Creek, north' . vest to * tove begin 
ninu at- a point wt- toe north shor e 444 444 
44i"x - 334 44: AQX Wt running 330i (444 
to a point **» toe . ; . outh shore 444 44: 444 
X - 34- 44- 44- W-r 

(-I4 AH waten . bound w* toe rwrth 4y to* 
Figure 1 ight Island Caur . eway. en* toe east 
bf Mason's Channel. »» toe south by 
MiiHin'r. Inlet Channel *h4 t*» toe west 
by- toe Intracoastal Wat e rway, w4to toe 
exception to' Mason's Channel. 



ireenville Sound Ar e a 

Shell Island area, att waters east- ©f toe 
J44W Own- Mark e r X*r 444. 44- 44- 444 






X — 34^ 43- 0(4- W to ft point t+H t+te north 
■. ho re to 444 Moore 4toet Channel 444 44- 
*\-fl- 4414^Wt 

(44 I I owe Cre e k (Moore's Creek), northwest 
e4 » l+«e beainnina at- a point B+t- toe south 
4»w 44i44:4x:x-33443-444Wt 
runninu 030' (444 to » point *+«■ 4+e north 
sl»w 4to 44- 44- X - W 44- 444 Wr 

(44 Bradley Crook, west ef Highway 44r 34 
ftft4 44* bridge; 

(44 Wnghts' i ille Beach ar e a. a4 waters h* a» 
a*ea enclosed by- a Ime beginning at a 
point aero s s toe I WW 7 from toe mouth ei 
Bradley C-feek- 4444-44-4X-34440:044 
W-r mnning DOT (444 to a point (near toe 
Borrow 44t4444444414X-33-44:444 
W-r running 44-4 (444 to a point 444 44: 
444 X - 444 44- 4a- W-r mnning 444 4M4 
to a potto 44- 444 40- X - 34-44: 044 W4 
runnimi 444- (444 to a point 44- 44- 444 
X - 44- 44: 44- W- mnning 044- 4M4 baek- 
to point to origin. 
(-f4 Masonhoro Sound Ar e a 

(-I4 Masonboro — Myrtle Grove Sound afea 



side) 



-a4 waters west northwest to" 
beginning at- a point at- toe 



(-west 

toe 4WW 

mouth to Bradley C-feek- 444 44: 444 X - 

44 4*4 444 Wt to B e acon X»r 444- 44- 04- 

444 X - 344 44- 344 Wt 



(4) Masonhoro Myrtle Grove Sound afea 
(east side) - aH- water!) south afto southeast 
to" a fee beginning at- a point »«• toe north 
m4 to" Masonboro Island 444 44- 444 X - 
44- 4i4 444 W-r runnina 4444 (444 to a 
f*Hto Reaf 4WW Marker 4m»t 444 44- 44- 
544 X - 44- 44: 444 Wt thence Ruining 
along toe eato 44e to toe 1WW to Murker 
Xer 444- 44-O44434X-444444344W4 
(with toe exception to" (444 Masonboro 
Channel atto Carolina Beach Inlet Chan 

44. Cape Fear River Area 

1 1 ) f ■ • P I I I ■ 1 ■ 1 r IP i 1 -.i»- ■". 1 1 11 ■ - 1 t , \r. 1 nm4 li < ^ T o 1 hi , i 

\ I / V^'HJ 'L' I UUI I V I T V I , CTTT Wmn ' IH'I lit TTT CT ft I TV 

beinnning at- a point Wr toe eavt shore 44- 
44-4t>4X-44443-444Wt mnning 4344 
(444 through Beacon X++r 44 to a point 
»» toe w^r4 4*©fe 444 4to 444 X - 43^ 44: 
44- U4 a«4 a4 waters north to~ a Itoe be- 
tanninu at- a point »» to^» east- shore 444 
44 444 X - 34^ 444 444 Wt mnning 434- 
(444 through Beacon X»r 43 to a point 
&ft toe west- shore 444 444 444 X — 334. 
44 1 4to Wt w+to toe exception to 44H yards 
e*4 »r4 west (4 toe main '. hipping chan 
Be4 «f» to Beacon Xer 44 (mouth ef 
Brunswick River); 
(44 44ie Basin (4-4r Fisher area), east- to » Ittre 
b e ginning at- a point H+* toe noilh shore 
44-43-444X-344444444WT running 
4444 (444 to a point *m toe south shore 
44-43-044X-33444:034W4 

Walden Creek, northwest to county road 
X€* 4444 bridge; 
Baldh e ad 44atto Creeks: 

(A4 Baldhead Creek, south e ast ef a Itoe 
beginning at- a point ««■ toe south shore 
44-444444X-33444:444Wt mnning 
4344 f444 (^ a point && t4+e north shore 
44-44_434X-33444:ft44Wt 

(444 Cape Creek, southeast to a to>e begin 
nmg at- a point h« 4>e south shore 444 44. 
444 44 - 334 44: 441 W- mnning 044- fXF) 
to a point eft toe north shore 44- 44- 4i4 
X - 344 44- 44- Wt 

(44 444to tsfe+to 44eek- (44ftr4- 44eae4 Creek), 
south to a 1+He bemnnini; at- a point t+H- toe 
w*r4 rvrrwe 444 44- 4»4 X - 33^ 44:44- 
W-i- running U43- (444 to a point w* t4%e 
ea^ 4^+fe 444 44- 444 X — 344 4)4 434 W4 

(444 Deep Creek, south to a tme fro in a 
point en* toe southwest shor e W- XX. 444 
X - 34- 44: 444 Wt mnning 4444 4M4 to 
a point e+r toe north e ast shore 44- 44- 444 
X - 34^ 4S4 444 W4 

Dutchman Creek, north to" a twe begin 
nina at- a point **» toe east- shor e 44- 44- 
434"x - 344 04- 444 Wt mnning 444- 4M4 



to. 



tor 



92 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



ixT cr TTTTtttt crtr TTTt? VrtWft ottttH? »? .. 9 ■ J J ■ T.f w ™ 

>i _ 7&1 43: 441 Wt 

(6) Benin ('rook, west »f a h«e beginning at 
a point ©ft the south shoro 444 444 444 N 
_ 744 44: 431 Wt running 4444 (44) t© a 
point ©ft the north tihoro 444 444 434 N- — 
74444: 434 Wt 

(4) Pinoy Point Gfeefe; west el a h«e begin 
ning at- a point eft the r . outh shor e 444 444 
431 jv _ 7&1 4+4 434 Wt running 0444 fM) 
te a point eft 44e north shoro 43£ 544 444 

X - 744 44 4+2 Wt 

(X) Molasses, Coward a»4 Smokohouno 
Crooks, all- waters bound by the I WW im4 
the Lli/abeth Riser eft the north a©4 east; 
the (4ak- I t iland Coast Guard canal eft the 
oar . t , Oak- Island eft the south a«4 the 44P 

CTTTTT r? ij'li.'L lllll iS,\? tTTTTTTT TTTT I I R9 W TJV'l , 

(O) Oak Island ar e a, aW waters north a«4 

TTTTTTTT ITT I I IV I * ' * * TTTTTTT . T I III III. I T^TTTT y „/ .. • 

'LSJ. 1 ~>" X. 1S1 "'' '<">'' W- in Baaaaa SJa 

7^^^ T^^^^ T^T ^^^T^ ^^7T^ ^T^^^ ^^^^^ TTT TTCTTCTTTT T^^TTT 

ft) I ockwoodo Folly Inlet Area 
(4) Basis Creek an4 Basis Canal, east ef a 
lift© boninning at a point »» the north 
shew 444444+4244-744+44444Wt 
running 10S° (44} t© a point ©ft the south 
skew? 33" 54: 404 X - 48* +44 +44 Wt 

(3) Iockssoods Lolly Riser, north ©f a Ime 
beginning at a point ©» the east shore 4+4 
144 444 £-444 434 444 W-t running 3444 

ct^^tt ttt cr t^tttttt t^tt ttttt ^^^cT^r ttttttttt ttt^^ tttt^ 

442 N - 482 U^ 342 Wt 
Spring Creek (Galloway I Mats area ) , alf 
ss^at e rs northss'est ©f a h«e beginning at a 
point ©ft the south shore 444 444 444 tV — 
7*i -k^ 4*: Wj running 040^ p4* t» a 
point ©ft the north shor e 4^ ^^ 44^ tv — 
7*1 43^ 43^ Wt 
(ft) Shallotto Wet A+ea 

(4) Shallotto Ris'er, north «4" a h«e beginning 
at a point e« ii4i llold e n's Landing 44 s - 
i^i^i^.-7^33:ft^WT running ft34S- 
(A4) t» a point eft Gibbins Point 44^ §4^ 
00^ X - ^ 3+^ 44: Wt 

(3) Shallotto Creek (Little Shallotte River) 

t^TT^T rrr cr ttttt? r*t!?^i I i 1 1 i t i C ttt cr 1 .' 1 1 1 1 1 1 1 1 n 1 it tr 

landing 44^ $&■ 44^ X - 4»P 34^ 40^ W-t 
running +4**- (44) to a point eft Ooono's 
^ek- ^ietftt 44^ 44^ 44^ X - 4^ 3+4 44^ 
Wt 

(4) Saucepan Creek, northssest ef a Dee be- 

mniiinn «^ ♦ ^ rinnit ■"» w-\ t It Q f>n.-t i 1i,ii m 

EI 1 1 1 11 1 I Z. Ill CT I >\. > I I I l TTTT CTTV CTTTTT . 1 1 1 1 1 1 t ' 

("mouth ef 4+14 4441 Creek) 44^ 44- 4^4 j4 
_ 78^ 344 3S^ W running +43- (44) te a 
point eft the west shor e 44^ 44 4+4 4 1 — 

742 344 3*4 Wt 



f+) 4+k+ Channel area, aft waters south ef the 
+WW fretft Beacon N«t K4 4444 $4L W- H 
_ 7Sa 34: 471 Wt te Oeeaft i^ ft^^ 
b«4ge 442 444 444 N - 44^ 344 444 Wt e*- 
eept the dredged finger canals at Ocean 

l^la IJ^iiiiJ^ lnii'il, i, I j 1 1 % t L. i 1 , \i it li j « . 1 1 1 i \( < L11 

I .'IV- T7VTTCTT TTTTTrrrCrCr TTTT 1 1 \\J rTTTTTTTT L11UL' TTT I I \\J 

I WW between the Ocean +4e Beach 
Bridge aft4 +WW Marker 44ft W4 
(-s4 Little Riser Inlet Area 
(4) Gauoe Land i ng area, a4 waters north e+ 
the +WW fretft Beacon 44ft 04 4444 444 44^ 
X — 44^344 444 Wte the South Carolina 

(3) Eastern Channel Ar e a: 
(A) Needhamhole Creek, north e+ a hfte 
beginning at a point eft the east shore 4444 
444 +44 £ _ 7£_ 34: 4*1 w- FWftftiftg 34444 

I \ 1 > t ■""* il r\si t*-\t j ■« 11 * It j I 1 i ■■-*.- ♦ .-1^ QJ-Q I t ^ I 

\ . ■ I / TTT CT L P I J 1 1 1 1 TTTT 1 1 1U tTTT/T LM11N U »J ^7 TTT^ 

444 44 - 7444 344 4+4 Wt 

(+4f Springbranch Creek, north ef a h«e 
beginning at a point eft the east shore 444 
£4444444-4444344+74Wt running 34Q44 
(44) te a point eft the west shore 444 544 
442 x _ 744 344 3+4: Wt 

(44) Goldmine Creek, north e+ a l+»e be- 
gi lining at a point ©ft the east shore 44^ 

444 +42 4r - 442 344 44^ W- Fftftfttftg 3444 

(44) te a point ©ft the west shore . 444 £4: 
442 4; - 7444 344 444 Wt 

(44} Clam Creek, north ©f a h«e beginning 
at a point ©ft the east shor e 44- 444 431 .>; 
_ 7444 344 444 Wt running 3+044 ^4) te a 
point eft the west shore 444 £4: 441 .24. _ 
744 344 444 Wt 

(+4) Sol's Creek, a4 waters north ef a h«e 
beginning at a point ©ft the east shoro 444 
§44 034 4r - 7J4 3g: 042 Wt running 33+4 
(44) te a point eft t+ie west shoro 444 £4: 
04441-744 344 434; Wt aft4 aU Wfttefs 

1- it 1 i<li L^L. ii I I I t i > Kiiiimtimn ■ 1 J '» riiiint / \ «-i *It^ 
. t v 'mi 1 C^T CT TTTTT^ T^T^TTTTTTTTTTT^ CTT CT TTTTTTTT TTTT TTTT7 

ea^ sftefe ef S©4s G+eek- 444 444 334 4J- - 
744 344 +44 Wt running 3434 (44) te a 
point eft tfte west shore 444 £4: 341c ^. _ 
744 344 +44 Wt 

(f4) Ilorseford Creek, north ©f a fme begin 
ftjfte at a point ©ft the east shore 444 431 
441 j4 _ 744 344 344 Wt running 34»4 (44) 
te a point e» the west shoro 4444 §3: $£Z 
4i_744 344304:Wt 

(44) Stftl- Creek, a4 ssaters north ef a h«e 

Hi h i ' W UlfUl ' - * j ^ t^^^^^^^i ^i^i t i j * r. a 1 • 1 i t 1 h i i I'i i ^L^^ 
1 ' v ETJ 111 illlj^ CTT CT TTTTTTTT TTTT TTTT^ C^CTT^r rTTTTTTT^T TTTT^ 

^34S44X -744 344 442 Wt running 34+4 
(44) te a point eft 44e west shore 44- 434 
241 ± _ 7£i 3^ 4^: W-t aw4 alf wat e rs 

TTrTTTTTT ITT CT 1 1 1 I Cr T*t^?*1 RTIXTTtt ll t CT 1 *\ M I I f tTIT 1 1 (1* 

east shefe ©f St+W Creek, 444 444 +44 X — 
744 304 034 Wt running 3444 (44) to a 



NORTH CAROLINA REGISTER 



93 



PROPOSED RULES 



4m** 442 £4: 442 X - 



pomt eft toe west 

(444 Qeete? Crook, north to a Itoe 1 
at a point »» the east sbef e 35 s 53^ 43^ X 

- 44^ 30: 441 Wt running 3W4 (444 to et 
point e« toe west shore 44^ §3^ 44^ X — 
:»2 aa: 4ft: iA4 
(4) 44*e ftte. Narrows Area: 

(4>4 B+« leagu e Cavk, weot e( a Ime be- 
ainninu at a point m* toe south shor e 44^ 
l^_ 44: X - Wi 30- $9^ W-t running 444^ 
<-44| to a point e« toe north shete S4 2 %Sr 
4?i 4, _ w_ 4to 04-: Wj 

(444 I ittl e league (-rook, west »4 a kne be- 
ginninu at a point eft toe south r . horo 442- 
|j:»4^N-4^JO:a»:Wt running 404^ 
(444 to a point eft toe north shor e 44^- §3^ 
§41 $4. _ ^g» 5Q: 44; W4. 

(C4 ftig Norgo Crook, south ef a K»e be- 
ginning at- a point e» toe west shore 44^ 
j^j44X-44^40:4O:3A4 running 034: 
(44+ to a point e» At* east shore 43^ §3^ 
44-: X - 44± 34: 44: W- 

Mcid Inlot area, aH- wators south e4 toe 
AlAV ftom toe Sunoot Beaeh bridg e 44: 

Carolina to*e with toe exception ef 
Bonaparte Crook; 
Calabash River, east to state road X©r 



(4) 



(4> 



116 1 bridge. 



Statutory Authority 
143B-289.4. 



G.S. 113-134; 113-182; 



.1406 VIOLATION TO USE SPECIFIC 
EQUIPMENT 

(a) It shall be is unlawful to use »f attempt to 
wse awv trawl aet nets for toe any purpose ef 
laking am- manno Ssftes in any of the secondary 
nursery areas described in 44 NCAC 4ft . M07, 
15 NCAC 3G .0010. 

(b) It shall be is unlawful to use e* attempt to 
»se afty trawl wet nets for toe any purpose ©4 
taking am- marine Ssbes in any of the secondary 
nursery areas described in 44 NCAC 444 4404 15 
NCAC 3G .0011 from May 15 through August 
31. The Fisheries Director, may, by proclama- 
tion, open any or all of the areas, or any portion 
thereof, listed in 44 NCAC 4ft 4404 f5 NCAC 
3G .001 1 to shrimp or crab trawling from Sep- 
tember 1 through May 14 bas e d ew- r e asonabl e 
ae4 prudent managem e nt to marina ami 
ostuarino r e sourc e s. a«4 subject to the provisions 
of Regulation Rules 15 NCAC 3B .0702 and 15 
NCAC 3B .0801 (a). 

(c) Areas described in R e gulations 44 NCAC 
444 4405 ami 440SI wto Rules 15 NCAC 3G 



.0010 and .001 1 generally pertain to those areas 
located between the described line and the pri- 
mary nursery area itoe lines or Inland-Coastal 
boundary ime lines where applicable. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-289.4. 

.1407 DESCRIPTIVE BOUNDARIES- 
PERMANENT SECONDARY NURSERY 
AREAS 

Descriptive boundaries for permanent second- 
ary nursery areas are presented in J_5 NCAC 3G 
.0010. 
(a) to toe Pamlico Sound Area: 
(4) I ong Shoal Riser - north to~ a Itoe be- 
ginning at- a point m* Pains Point 44- 44 
£71 X - 352. 444 34: Wt running 4S4: fA44 
to a point em- toe west shore at toe -^to 
Avenue Qh*4 44^ 44^ 43^ N - 34^ 4^ 44^ 
Wf 
f3^ Pains Bay - ea*4 »f a Itoe beginning at a 
point »«• toe south shor e 44^ 44- 38- 1 -N - 
^*^Wt running 440^ (44^ to a 
point e» toe north shore 44- 44- 04- 1 4i- - 
;L£i i^ 4^ W-r 
f4+ Wys i ocking ftay - north a«4 west e4 a Itoe 
beginning at Benson Point 44- 33- $£r- X 
. $4i a£ 401 Wr runnina 04X- f444 to 
!_»«- ptoto 44^ 3+ 44: X - 1&- 04: 40^ 

f44 Juniper Bay Cunning I larbor - north b( 
a fee boianning at a point »» toe west 
4tofe el Junip e r ftav 44^ 3to 44: X - 44^ 
4X 34^ Wr running 404^ fM4 through 
Juniper ftav Point to a point »«■ toe ea?* 
shore &f Cunninj Harbor 1&. Oft. 441 ii _ 
%^43^34^Wt 

(44 Swanquarter ftay - north to a Itoe begin 
ning at a point at 44*e Narrows 44^ 30- 44^ 
^. - l& &>. J&l U4 running OSto (444 to a 
point e+t- toe east shore 44^ 34^ M- X - 54^ 
4*:33^Wt 

f©4 Deep Cove Tho Narrows - north atto east 
e4a Itoe beginning at a point *+» toe west 
^ofe 44^ 30: 44-: X - 44^ 34^ 43^ Wr r»- 

fl HI 1 1 I J t \ 1 V t . 1 ■ 1 «t ■ t ■ ^^ t Q n till . 1 ■ ■ . i .Ji.lr. i 

I I I I lg I LL V i™« / I v.T CT I TTII I T TTTT Z I IV CTITTT TTTTT7TC 

">S" ">()' 3 1" X _ 2 62 ">">' S" 7 " Ui -mil ■■■ ! ■■ t 
ef a Itoe at 44>e Narrows beginning at a 
point tm toe north shore 44 1 3to 44^ X - 
44i 3to z%i Wr running 444^ fM* to a 
point e» toe south shore 44- 3to 44^ X - 
%^3to444 
(?) Rose U&r - north ef a Itoe beginning at a 
point tM* toe west shore 44^ 34- 44^ X - 
44^ 34: 444^ V4 running 444- (44^ to a 
f>mto e» Judith 44aft4 44^ 33- 30^ X - 44^ 
34 44^W- 



94 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



m 



m 



( \{\\ 

\-rrrf 



(+44 



Sponcor 44ay - went ao4 north of a hoe 
bouinninu a-t- a point oo Willow Point 55- 
22L22i$i.j&.¥JiS2iW- runninu 0452 
(2x44 to a pwtrt 44 34 44^ 4 - ?&■ 34 444 
Wt 

; \ i * ( t* i >il V — 1 1 ' ' I III cTTTtr LVt**t err ct Ml ft* t^t^ - 

uinninu at a point oo the wont shor e 552 
^^ij.^^UttttL running 4444 
(444 to a point oh- the east- shofe 45- 34 
0024-4*4 4o:44Wt 

Molii . l ' I larhor - west of a- hoe beginning 
at a point oh- the f i outh nhoro 552 444 4t4 
2v - l#L 2&L 542 W-; running 344 (445 to a 



point oh- 44* north 
44240:04: Wt 
444 Porpoise 44ay 



4+ 



452 4&. 402 2V_ 



of a hoe be* 
outh nhoro 4-4 



ninu at- a point oh- the i 
&Z ii. . 1&. 244 5(4 Wt running 043- (44)- 
to a point eo the north nhoro 44 4-5: 44-1 
2v - 1&- 34 44 Wt 
(-1-37 Middle 44ay - west of a hoe b e ginning at 
a point oo the nouth nhoro 35^ 44 342: 4!- 
- ?4^ 30: 4*4 Wt running 033- fM) to a 
point ho the north shore 44 4-4- 452 4- - 

%2aa:4-p Wt 

(444 Jonon 44ay - wont of a hoe beginning at- a 
point 00 44+ar Point 44- 44' 34 4 - 4*4 
44- 4*4 Wt runninu 04-4 (444 to a point 
00 44mh 44ao 444ot 35- 44 34- 4- 4o- 
444 0*2 Wt 

(444 4o the 44o- River Area: 

(7V4 Homier 44ay - nouth of a hoe beginning 
at- a point 00 t4+e wont nhore 44- OO: 441 
X - 4*4 441 44: Wt running 044 (4*4 to a 
point 00 the east shore 44- 00- 55^4-4*4 
44 44^Wf 
(44) Galon Crook Boar ("reek (tributaries of 
44ay Riser) - north a«4 w e nt of a love he- 
uinninu at- a point 00 Sanders Point 44 
44. 442 ij - 44- 44 44 Wt running 044: 
(444 through Beacon 4ot 4? to a point 
00 the eat* nhoro 44^ 44 44 4- - 44^ 44 
44 Wf 
(4) 4ft the Pamlico Riser j\rea: 
(44 (4o t4+e 1 'ungo Rivor Area) bortoncuo 
Creek - east- of a fioe beginning at- a point 
00 t4e north nhoro 44 1 44 44 1 4- - 44^ 44 
44 1 Wt running 195° f44 to a point 00 t4e 
soo4% s4o» 44^4444:4--4*44404^ 
Wt 
£3} North Crook - north of a ftoe beginning 
at- a point 00 tfw» wont nhoro 44- 34 34 
iv - 44^ 44 44 Wt running 444 (444 
through Marker 4or 4 to a point oo t4e 
4*^ 45i 44: 44^ 4 - 44 44 44 Wt 



f4f 4o t4e Cioono Creek area: 
4V4 Campbell Creek 

at- a point oh- 4*e 



of a k4e begin 
■ outh nhoro 452 



44: OtP 4 - #4 44 04: Wt running 44^ 
(414 to a point oo t4e went n hor e 45- 4-4 
402 i4 . 4*4 44 0S4 Wt 
(44) rLunthum Oeok - east- of a Uoe begin 
nimj at- a point 00 t4e nouth nhoro 45 s - 4-4 
4*4 4- - 4*4 44 44 Wt running 434 (444 
to a point oo 44» north nhoro 44 44 44^ 
X- 442 4*2 402 Wt 

(Of Ovnter Crook Middle Prong - nouthwent 
of a fow bediming at- a point 00 Cedar 
44an4 4524434:4--4*44444:Wt 
runninu 4452 (444 to a point 00 Heard 4r- 
km4 44m* 452 44^444 4-4*4 44 44 
Wt 
(o) 4o 44* Nouno Rivor Area: 

(-44 I owor Broad ('rook - northw e nt of a koe 
bouinninu at- a point oo tfw northean . t 
4^ 452 04 44 4- - 44^ 44 34: Wt foh- 
ninu 228° (444 to a point 00 t4e noutliwont 
4^ 452 04 44 4- - 4*4 44 44^ Wt 

(34 (jreonn Crook - above Iliuliwuv 13 OS 
Bridg e ; 

(44 Dawnon Crook - above Iliuhwav 4403 
Bridge; 

(44 Clubfoot Cre e k - nouth t4 a Uoe begin 
ninu at- a point 00 4V east- nlior e 44 54 
402^ _ 4*4 44 3*4 Wt running 3JC4 (444 
to a point 00 (4e wont nhoro 44- 54- 44^ 
>, . 442 45: 442 Wt 

(54 (4+ t4+e Adamn Creel: ]\rea) Cedar Creek 
- east- of a low beginning at- a point 00 t4e 
*o«44 4w*fe 4454444-4*45X402 
Wt Rinninu 0*44 (444 to a point 00 t4e 
H«* show 44540424-44^44444 

Wr 

44 Virginia Crook - aW watorn of t4+e natural 
channel northwont of t4*e primary nurwry awa 

(0} (444 'I'opnail Crook - aff svatern of t4+e 
dredged channel northwont of t4+e primary nurn 

^^^^n ^^^^^« 1 I 1 1 L j 

(4 Mill Crook - aH- watorn wo ; it of a 14k» begin 
ning at- a point oo the nouth nhoro 44- 34 44^ 4- 
- 44^44452 Wt runninu 43)4 (44> to a point oo 
tk* oorth shore 44 34 4*4 4- - 44 44 0*4 Wt 

fs4/ Pagon Oook - ah watorn wont of a hoe be- 
ginning at- a point o» (4+e nouth nhoro 4-4 44- 44 
4- - 44: 44 444 Wt running 04-4 (444 to a point 
oo the north shore 44 4*4 002 4.-44^44 044 
Wt 

(4+4 Bradley Crook - ah wat e rs w e nt of a hoe 
beginning 00 the nouth shore 44 4-4 34 4 - T¥- 
40^ 44 Wt running 03-4 (44 to a point oh- the 
Horthshofe44 44 44: 24 . 442 40: 04: Wr 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 



NORTH CAROLINA REGISTER 



95 



PROPOSED RULES 



.I40X DESCRIPTIVE BOUNDARIES-SPECIAL 
SECONDARY NURSERY AREAS 

Descriptive boundaries for special secondary 
nursery areas are presented in j_5 NCAC 3G 
.0011. 



(a) to toe Waat- 44ay- Area: 

f-H West 1 horofar e 44ay- - setrtfa ef a to>e be- 
ginning to a point h» t4a» went shore 44- 
57^ 22- 4^ - Tto 2to Oto' ffr running OQto 
(44^ through 4-4, «- "lOWlV to a peito 
ww toe ffit4w 44^ to^ 2to' 4. - Tto 1 2to 
Oto' W, 

(-2} 1 ong Hay Ditch 44ay- - west «! a b«a be- 
ginning to a point 4to 57^ 4to' 4- - Tto 2to 
47^ Wr running southwest 226" (444 to a 
pwto 4to ££ 4-4^ 4, - Tto 21- 44^ Wr 
thence i iouth to' a tove running southeast 
444^ (44+ to a ptMto 44^ ato 4to X - Tto 

fb4 to t+H* Core Sound Area: 
(4} Cedar Inland 44ay- - northwest to" a to** 
beginning at- a point n e ar toe telephone 
tower 44-^40^-7^44-^^4 wa- 
ning 9 lO f44-f to a point at- 04e g-aa atob 
a* "clubhouse'' dock 44- tov 44^ N - 7e°- 
4to00^ Wt 

Thorolare Bay nam 44ay- - northwest e£ 
a tove beginning at- a point aa 44aH Point 
44- 44- ito 4-- Tto .40- 00- Wt running 
Old (44)- to a point at- Rumlev 1 lammock 

4to54-24-4--7a-4!C:+4^Wt 
Nel ' .ion 44ay- - northwest to a toa* beginning 
at- a point m+ toe west shore af Nelson 
n- . y vi s 1 ' ne" x - i f- , '' ~> 1" 7 ft" W nut 

running 062° (44+ through Heacon 44a 4 
to Neb . on 44a¥ to a point e+t- Drum Point 
44^ 54- 4to 4." - 76- 34: 4&- Wt 
Brett 44av - aa water* , north to a ton* be- 
ginning at- 44aay 44ato 4to 40- 42^ X - Tto 1 
2to Oto Wf running 348° (44+ to a point 
e» toe wa»at- towe 4to 40: 24^ 4- - Tto ato 
02-: Wf 

Jarrett 44ay- - north »f a a«e beginning to 
a point east to Bavin Inland 44- 4to 4to N 
- 74^ 2>v 4to Wt atto running 26to (44-+ to 

al^ \ I f 1 t I'll) * !'■' IW^^t ^It^^J-^ I f 1 t il l-\ t Ljl,! 

I '\ ' 1 1 I l ^^^T ^^^^^ ^^^^^^T ^^^^^^^^T ^^^^^^ ^^T ^^^^^T 

Chimn e y) 44-4^-44-:^--?^40^04:W^ 
•to tto> North Ris e r area: 
North Riv e r - north to a b«e beginning to 
a point **«■ t+w w e'. t nhore to tto> ovotor 
tow* 44i 4to 2$r^ >i - toj^ 4to 07i Wr 
running OOto f\4-} to a point o+* (4+e ea^t- 
4ww 44- 4<*: 40- ^- - 1&- 4to 47^ Wt 
Waul Creek - eato to" a awe beginning em- 
0^ Hwto 4w>fa 44^ 4to -to^ ^ - V£ 44- i*- 
Wt running 4S3°- frV4f to a point *+» tto> 
s«rta 4w» 4^ 4i 44^ \ - 7^ 4to 00^ 



f24 



^ 



to^ 



($ 



(to 

(44 



fto 



(4) ('upo 1 'ear Riser - beginning to a point (a» 
tto3 tiouth *44a ef t+a» npoil i - iland to toe inter 
ii t'ction to~ toa K'WW m*i toe Gape 1 ; ear River 
toy channel 44- 04^ 47^ X - 77^ iito 0^ W-, 
running 40to f!V44 to a point a+% toe east- nhore »-4 
toa toape itoaf Itovat 44^ 04- 4to' ^ - 77^ ^to 00^ 
Wr running -. outh a«4 bounded by- toe shoreline 
to a point f*eaf Uto> 1 e rr . ftop to I'ederal Point 
44^^7-a2^to-77^to^2to"Wr running 454- tofo 
north to a point ta« Hud b . land 44- tov- 2to -N- - 
77-1 ^4: ££i JAi_ running 044- to4+ baak- to po i nt 
to origin. 

(e) I oekw ood bolly River - beginning to a 
fa*tto t«* Ilowellu tonto 44^ 5to 34^ N - 7S^ 42^ 
47^ W- a«4 running m- a westerly direction along 
toa ICW'W to a ptoto Haap 1CWW Mark e r ^to^ 
4444^ato44^>;-7^4toato'Wt 

(44 Saucepan Creek - a44 waters north to" a Itoa 
beginning to a point 0++ toa went nhore 44- 54 1 
46^ iv _ 7S° ^Xi^W; running 062^ f^V44 to a 
point fa* toa ea»t- shore 44^ tob 4to' -N- - 7*i 22^ 
401 Wt 

Statutory Authority G.S. 113-134: 113-182; 
143B-2S9.4. 

SECTION .1500 -STRIPED MASS 

.1501 STRIPED BASS: GENERAL 

(to J* internal coastal v . at em. it- shall ba a«- 
lawful to ta4«» striped ba# using commercial 
fishing equipment e xcept during tba> open s e ason 
which shall ba from November 4 through March 
4to 44+e Fisheries Director, based a» reasonable 
a«4 prudent management may . by- proclamation, 
op e n a«4 close t4*a season during t4*e months t4 
October a«4 j\pril. 44>a I'i '. heiies Director » 
further empowered to impose, during October 
a«4 j\pril. any- witliaf toa following restrictions: 

f44 sp e cify numb e r e£ days; 

(-24. specify areas; 

(44 specify means tm4 methods which may ba 
employed m taking; 

(-H limit t4ta quantity a&4 4rvaf 

(44 require submission to" statistical atto bi- 
ological data. 
f4H 4+ shall ba unlawful tof a»y- p e rson to take, 
attempt to tak e . buy. sato off e r to sato transport 
o* possess a**y- strip e d bass, except during toe 
commercial strip e d baa* season e stablished p«f- 
suant to Paragraph fa4 a4 toa. 44-toe h* aa pro 
va4a4 m 44 NCAC 444 4a02 to" toia Section. 

f&4 Striped baa* taken with commercial fi -. hing 
equipment when th e y cannot l e gally ba tak e n by- 
i iucli equipment shall immediately ba returned to 
t4*e wat e r whore taken regardless to" toe condition 

1 ii j \-\ .1 1 1 1 1-. 
1 ' 1 nil. 1 1 .'i 1 - 



96 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



fd-f I look and lin e fcftiftg equipment k ftet- 
commercial fisbtag equipment m toe striped bas* 
fishery. Fishermen *ms tot* equipment shall 
com plv wrik 44 NCAC A -44UX 

fea Striped bass is defined as striped bass 
( Moronc suxatilis) *h4 j+* h> brtdu taken i» 
coastal tm4 j ciint waters. 

(a) Striped bass is defined as striped bass 
(Monmc saxatilis) and its hybrids taken in_ 
coastal and joint waters. 

(b) 1 look-and-linc fishing equipment is not 
eommereial fishing equipment in the striped bass 
fishery. It is unlawful to sell or purchase striped 
bass taken by hook-and-line. Stnped bass taken 
lcnallv with hook-and-line may be possessed and 
transported. 

(e) It is unlawful to possess striped bass im- 
ported from other states less than 14 inches long 
(total length). 

(d) h is unlawful to buy, sell, transport, or 
possess striped bass taken with commercial li sh- 
in g equipment except: 

( 1 ) During the open season in internal coastal 
waters established in 15 NCAC 3B .1502. 
or 

(2) Purine any open season established for the 
Atlantic Ocean in 15 NCAC 3B .1504. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.1502 STRIPED BASS: SEASON: INTERNAL 
COASTAL WATERS 

(*+ & shall be unlawful fet aey person to pos 
se» more than three striped bass tak e n by hook 
and line h* emy ewe eay from coastal waters. 

fb} Striped ba** taken by hook and line ftsbiag 
operation - i may fte+ be sold. 

fe) Striped bas* taken to complianc e with tftt-> 
Section may be possessed awe transported at- a«y 
time. 

The fisheries Director may, by proclamation, 
impose am' or all the following restrictions in 
addition to restrictions in 15 NCAC 3B .1503. 



on the taking of striped bass in internal coastal 
waters: 

( 1 ) Specify season or seasons: 

(a) for hook-and-line, 

(b) lor commercial fishing equipment between 
October j_ and April 30. 

(2) Specify areas. 

(3) Specify quantity. 

(4) Specify means methods, 

(5) Specify size, 

(6) Require submission of statistical and bi- 
ological data. 

This Rule will be effective until September _F 
1992. 



Statutory Authority G.S. 113-134; 113-182; 
113-221; 1 43 B- 289. 4. 

.1503 STRIPED BASS: SI/I. AND CREEL 

LIMIT: INTERNAL COASTAL WATERS 

to4 1+ f i hull be unlawful to pof . f . ef i f . f . triped bass 
eft a vessel with a trawl net- eft tbat- vessel m 
internal coaf . tal fishing waters except during 
t ran f i it from oceu e fishing around ;, to pert during 
rtfty- open season to toe i\tlantic Ocean ef i tah 
lii . hod by proclamation. 

fbf H f . hull be unlawful to possess striped bass 
e» a vessel ift t4*e Atlantic Oc e an with a trawl ftet- 
e» toat- v e ssel except during afty open season in- 
toe j\tlantic Ocean established by proclamation. 

(a) ]t is unlawful to possess striped bass har- 
vested from internal coastal waters less than 14 
inches long (total length). Fish that do not meet 
the minimum size limit shall immediately be re- 
turned to the waters where taken regardless of 
condition. 



(b) h is unlawful for any person to possess 
more than three striped bass in am one day taken 
bv hook-and-line from internal coastal waters. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-289.4. 

.1504 STRIPED BASS: SEASON AND SIZE 
LIMIT: ATLANTIC OCEAN 

(a) It shall be is unlawful for any person to 
possess striped bass taken in the Atlantic Ocean 
less than the size limit as determined by the 
Atlantic States Marine fisheries Commission in 
their Interstate fisheries Management Flan for 
striped bass. The Fisheries Director shall issue 
proclamations necessary* to bring North 
Carolina's sfzx limit in compliance with the 
Interstate Fisheries Management Flan. 

(b) It shull be is unlawful to tak e , att e mpt to 
take, buy, sell, offer to seib transport, or possess 
am- striped bass harvested from the Atlantic 
Ocean taken bv any means except that the 
Fisheries Director may establish an during tbe 
open season at any time, and established pursu 
aftt- to 44 NCAC 444- ^44444- f*+ aftd- wtoi t4*e 
Fisheries Director opens toe s e ason m Ae 
Atlantic Ocean by proclamation, based e» Fea- 
sonable aft4 prudent management ef marine aftd- 
cstuanne resources. 4-be Fisheries Director is 
further empowered at- h+s discretion, to impose 
any or all of the following restrictions: 



(1) 
(2) 
(3) 

(4) 



Specify number of days, 
Specify areas, 

Specify means and methods which may 
be employed in the taking, 
Specify time period, 



NORTH CAROLINA REGISTER 



I' 



PROPOSED RULES 



(5) I imil the quantity, both commercially and 
rccrcationallv. and 

(6) Provide tor biological sampling of fish 
harvested. 



Statutory Authority 
113-221: I43B-289.4. 



G.S. 113-134; 113-182: 



.15(15 STRIPED BASS: TRAWL NETS 

to+ h shall be unlawful to possess ■. tripod ba-*. 
harvested from toe int e rnal coitr . tnl waters ef- 
North Carolina le** than 44 inches long (total 
l e ngth ) . Such to4> which 4*» nto meet the mini 
mum 4*e limit ■■ hall immediat e ly be r e turn e d to 
toe water ? ' , ' . ' . h e re taken regardler . r . e( condition (4 

t } ■ i fi ■ ] i 

<to+ 4+ I' . hall be unlawful to po'.^gi strip e d bit** 
imported from other ■■ tutor , less than 44 inches 
long (total length I. 

[a] It is unlawful to possess striped bass on a 
vessel with a trawl net on that ves; |1 in internal 
coastal waters except during transit from ocean 
fishing grounds to port during anv open season 
m the Atlantic Ocean established hv proclama- 
tion. Stnped bass so possessed must meet the 
minimum si/e limit set hv proclamation. 

(hi It is unlawful to possess striped bass on a 
\'cs>el in the Atlantic Ocean with a trawl net on 
that vessel during anv open season in the Atlantic 
( )cean established bv proclamation. 



Statutory 
143B-289.4 



iuthorily G.S. 113-134; 113-/81 



.1506 HYBRID STRIPED BASS CL'I.TL'RE 

Culture and sale of hybrid striped bass con- 
ducted in accordance with Regulation 15 NCAC 
101 1 Section .(COO of the North Carolina Wildlife 
Resources Commission shall be exempt from 
regulations of the North Carolina Marine 
Fisheries Commission concerning striped bass. 



Statutory Authority 
143B-289.4. 



G.S. 113-/32; 1/3-/34; 



.1507 MULLET 

The fisheries Director may. by proclamation, 
impose any or all of the following restrictions on 
the taking of mullet: 

( 1 ) Specify season. 

(2) Specify areas. 

(3) Specify quantity. 

(4) Specity means methods, 

(5) Specify size. 



Statutory Authority 
143B-289.4. 



G.S. 113-/34; 113-182 



SECTION .1600 - DEPURATION OF 
SHELLFISH 

.1601 HARVEST SEASON 

It shall be is unlawful tor any p e rson to take 
clams, oysters or mussels from the public or pri- 
vate prohibited (polluted) waters of the state for 
the purpose of depuration in an approved 
depuration operation except when the harvest 
will utilize shellfish that would otherwise be de- 
stroyed in maintenance dredging operations. All 
harvest and transport activities within the State 
of North Carolina related to depuration shall be 
under the direct supervision of the Division of 
Marine Fisheries and or the Division of Health 
Services of the North Carolina Department of 
Human Resources. 



Statutory Authority 
113-201; I43B-289.4. 



G.S. 113-134; 113-182; 



.1602 HARVEST AREAS: TIMES AND 
METHODS 

The Fisheries Director, based upon reasonable 
a«4 prudent management to marin e a«4 
estuanne resources, may. by p: oclamation. im- 
pose any or all of the following restrictions on the 
harvest of shellfish for depuration: 

( 1) Specify species. 

(2) Specify areas except harvest will not be al- 
lowed from designated buffer zones adjacent 
to sewage outfall facilities, 

(3) Specify harvest days, 

(4) Specify time period, 

(5) Specify quantity' and or size. 

(6) Specify harvest methods. 

(7) Specify record keeping requirements. 



Statuton Authority G.S. 1/3-/34: 
113-201'; 113-221; 143B-289.4. 



113-182; 



.1605 MECHANICAL DEPURATION 
FACILITIES 

It is unlawful to ship shellfish Shellfish har- 
vested for depuration shall Rto be shipped to 
depuration facilities located in a state other than 
North Carolina unless the facility is in compli- 
ance with the applicable rules regulations and 
laws of the shellfish control agency of that state. 

Statuton- Authority G.S. 113-134; 113-182; 
1/3-20/': 143B-289.4. 

SUBCHAPTER 3C - LICENSES: PERMITS: AND 
LEASES 

SECTION .0200 - PERMITS 

.0203 PERMIT FOR MECHANICAL HARVEST 
OF CLAMS 



98 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



(a) It shall be is unlawful fof any p e rson to 
harvest hard clams by the use of mechanical 
methods from public or private bottom without 
first obtaining a permit from tbe Fisheries Di rec- 
to* as provided in Regulation 15 NCAC 3B 
.0901. 4-be permit h» Permits are valid only in 
such areas, em4 at such times, and under condi- 
tions specified by a* the Fisheries Director shall 
designate based on prudent management t+f con- 
cerns for other fisheries resources in the vicinity 
of the areas within which such activity is pennit- 
ted. 

' t t J Tr *Tl I ill I I 't? CTTTTCI »T till rTTT ill I T I 't?I 'K.TI I rTT I [rit " ' 

ve-4 hard clams bv tbe wse *4~ mechanical m e th 
«4* from leases, deeds, t*f grunts without &p4 
obtaining » pennit from tbe Fisheries Director 
** provided m Regulation 44 NCAC ^tt .000 1. 
4-be pennit it. valid only *t- such times »h4 under 
such condition; , a* tbe Fisheries Director shall 
designate based bh- prud e nt management ef 
fisheries resources h+ (be vicinity »f the loused, 
deeded, Of granted bottom. 

(e) (b| Revocation »f Suspension. The permit 
will be revoked or suspended under the following 
conditions: 

(1) If any pennit holder refuses to provide 
clam harvest information upon contact by 
division staff, either by telephone or in 
person, his pennit shall be suspended. 
Pcnnits may be reinstated ten days after 
requested information is provided. 

(2) Upon conviction of violation of any ma- 
rine fisheries law, regulation, or procla- 
mation involving the use of mechanical 
methods, the owner's pennit will be sus- 
pended for no less than the following time 
periods: first conviction -- 10 days; sec- 
ond conviction within three years -- 30 
days; third conviction within three years 
— 60 days; and upon the fourth conviction 
within a three-year period, the permit will 
be pennancntly revoked. 

(3) Upon conviction of violation of Regu 
lution 15 NCAC 3B .1111 or conviction 
of taking clams with the use of mechanical 
methods from coastal waters that are 
closed by proclamation because of pol- 
lution, the owner's pennit will be sus- 
pended for 30 days for the first conviction, 
and after the second conviction within a 
three-year period the pennit will be per- 
manently revoked. 

(4) In the event the person makes application 
for a new permit during the period of 
suspension, no new permit will be issued 
during the time specified in this Rule. In 
cases of permanent revocation the mini- 
mum waiting period before application for 



a new permit will be considered will be six 
months; then only after a hearing before 
the Fisheries Director or his agent and a 
finding that issuance of the permit will be 
in the best interest of fisheries manage- 
ment may a new permit be issued. 



Statutory Authority G.S. 
I43B-2S9.4. 



113-134; 113-182; 



.0206 PERMITS: SEED MANAGEMENT AREAS 

It is unlawful to >*»• person ii hall take oysters 
from the seed management areas el the state for 
the purpose »f planting tbe same on private bed* 
bottoms unless such portion shall have fe+ se- 
curod a permit from the Fisheries Director to re- 
lay shellfish from seed management areas is first 
obtained from the Fisheries Director. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 113-203; 143B-289.4. 

.0209 SCIENTIFIC COLLECTING PERMIT 

It is unlawful to \# p e rson >4*44 take any ma- 
rine or estuanne species for scientific purposes 
which is out of season or otherwise protected 
unl e ss be without first secures securing a scientific 
collecting pennit from the secretary. If the sec- 
retary determines that the request is for a valid 
scientific purpose and will not result in a signif- 
icant adverse effect on fisheries management, the 
pennit may be issued. Such pennit will be sub- 
ject to any restrictions concerning areas, times, 
and sampling methods as the secretary deems 
appropriate. 

Statutory Authority G.S. 113-/34; 113-182; 
113-261; 143B-2S9.4. 

.0212 PERMITS FOR AQUACULTURE 
OPERATIONS 

(a) It is unlawful to conduct aquaculturc oper- 
ations without first obtaining a pennit from the 
Fisheries Director. Such pennit will be issued 
on a calendar year basis. All aquaculture oper- 
ations not required to be pennitted by the 
Wildlife Resources Commission must be permit- 
ted by the Fisheries Director. 

(b) It is unlawful to take fisheries resources 
from coastal waters for aquaculturc purposes 
dunng closed seasons without first obtaining a 
permit from the fisheries Director. The 
Fisheries Director may impose any or all of the 
following restrictions on the taking of fisheries 
resources for aquaculture purposes: 

(1) Specify species, 

(2) Specify quantity and/or size, 

(3) Specify time period, 



NORTH CAROLINA REGISTER 



99 



PROPOSED RULES 



(4) Specify location, 

(5) Specify gear and/or vendors, 

(6) Specify other conditions as appropriate. 

(c) It is unlawful to sell, or use for any purpose 
not related to North Carolina aquacultural oper- 
ations, fisheries resources taken under a permit 
issued for such purpose. 

(d) It is unlawful to fail to submit to the 
Fisheries Director an annual report specifying the 
amount and disposition of fisheries resources 
collected under authority of this permit. 

(e) I awfully permitted shellfish relaying activ- 
ities authorized by 15 NCAC 313 .0905,-1107, 
and 3C .0206 arc exempt from requirements of 
this Rule 

Statutory Authority G.S. 113-134; 1 1 3-1 82; 
I43B-289.4. 

.0213 PERMIT TO OPERATE A CLAM 
HATCHERY 

It is unlawful to operate a clam hatchery with- 
out first obtaining a permit from the Fisheries 
Director. Such permit will be issued on a calen- 
dar year basis. 

Statutory Authority G.S. 113-/34; 113-182; 
I43D-289.4. 

SECTION .0300 - LEASES 

.0304 SHELLFISH LEASE APPLICATION 
PROCESSING 

(a) Upon the receipt of a completed applica- 
tion, the proposed lease area will be inspected 
within a reasonable time by agents of the divi- 
sion. If the agents of the division determine that 
the area proposed to be leased is inconsistent 
with the standards in G.S. 113-202 (a) and 15 
NCAC 03C .0302, the division shall notify the 
applicant who may then amend the application 
to exclude the inconsistencies. If the boundaries 
of the proposed leasehold are modified, the stakes 
shall be moved accordingly by the applicant. 

(b) If the initial or amended lease application 
is deemed consistent with all applicable require- 
ments, the secretary or his designee shall notify 
the applicant via first class mail and shall publish 
at least two notices of intention to lease in a 
newspaper of general circulation in the county 
or counties in which the proposed leasehold lies. 

The first publication must precede by more than 
20 days the meeting of the Marine Fisheries 
Commission at which the granting of the lease 
or renewal of the lease is to be considered; the 
second publication must follow the first by 7 to 
1 1 davs. The notice of intention will include: 



( 1 ) a description of the area, 

(2) the date and location of the commission 
meeting at which the lease will be consid- 
ered, and 

(3) a statement of the division's determination 
regarding consistency with the applicable 
requirements. 

(c) When an applicant has been notified under 
(a) of this Rule that the division considers the 
application inconsistent with applicable stand- 
ards and the applicant docs not amend the ap- 
plication to make it consistent, the division shall 
recommend to the commission that the applica- 
tion be denied or that a conditional lease be is- 
sued which is consistent with the applicable 
standards. After receipt of an applicant's re- 
sponse to a notice of inconsistency, stating that 
no amendment of the application will be made, 
the division shall publish at least two notices of 
the request for a lease in accordance with (b) of 
this Rule. 

(d) The Marine Fisheries Commission shall 
consider the lease application, the division's de- 
termination, and any public comments and may 
in its discretion lease or decline to lease the area 
of public bottom, or any part of the area, in ac- 
cordance with its duty to conserve the marine 
and estuarine resources of the state. The com- 
mission may impose special conditions on leases 
so that leases may be issued which would other- 
wise be denied. Should an applicant decide not 
to accept any special condition imposed on the 
lease by the commission, the application shall be 
considered denied. The applicant will be notified 
of any action within a reasonable time. 

(e) Lpon approval of the lease by the com 
minr . ion. Commission, the applicant shall submit 
to the division Division a survey of the area ap- 
proved for leasing within 90 davs and define the 
bounds of the area approved for leasing with 
markers in accordance with 15 NCAC 3C .0303 
(e). The survey will be made at the applicant's 
expense and must meet the following standards: 

(1) The map shall meet all the requirements 
of G.S. 47-30, pk*t* Plats and s«b4- 
ivi;iion » i; mapping rc - quirc - mL ' nt ' j; Subd- 
ivisions; Mapping Requirements; except 
those in Paragraphs (g) k* fkf ef t+t+* Mul e . 
through (1). 

(2) The map shall bear the certificate: 

"I certify 

that this map wasfdrawn by me) (drawn 
under my supervision) from (an actual 
survey made by me) (an actual survey 
made under my supervision); that the er- 
ror of closure as calculated by latitudes 
and departures is 1: . 



100 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Witness 

this 

of " 



my hand 
day 



AD 



Surveyor or Ingineer 

(3) I rror of closure may be no greater than 
1:3500. 

(4) The phrase "pertinent h«4 permanent ff- 
cognii'ahle landmark t+f identifiable ' 
point" "other appropriate motuiments or 
landmarks" in Subparagraph ft-} fUj «+ th+* 
l^+t4* <TS_ 47-30 (f)( ( >) shall include 
bridges, roads and highways; publicly 
maintained aids to navigations; houses 
and other permanent buildings radio, 
telephone, TV, and water towers; and 
docks; piers, and bulkheads; but docs not 
include stakes marking the boundaries of 
adjoining leases, points of marsh, junc- 
tions of streams, or other landmarks 
which are particularly subject to change 
through natural processes, storms, or the 
effect of man. 

(f) After the division has deemed a survey ac- 
ceptable, the applicant shall mark the boundaries 
of the leasehold in accordance with 15 NCAC 3C 
.0305 and pay all fees and rents due in advance. 
The secretary shall then execute the lease on 
forms approved by the Attorney General. 

(g) If the applicant and the division are unable 
to agree that the area approved for lease is that 
shown in the survey, the division shall report the 
matter with reasonable dispatch to the Marine 
Fisheries Commission for resolution. 

(h) Until a lease has been executed by the sec- 
retary, the area proposed for leasing remains 
public bottom and any member of the public- 
may harvest the shellfish found growing within 
the area in a manner consistent with all other 
regulations that are applicable to the harvest of 
shellfish. 

Statutory Authority G.S. 113-134; 113-182; 
113-201; 1/3-202; I43B-289.4: 



the lease or franchise and the name of the 
owner printed in letters at_ least three 
inches high must be firmly attached to 
each comer stake. 

(3) Supplementary stakes, not farther apart 
than 50 yards or closer together than 50 
feet and extending at least four feet above 
the high water mark, must be placed along 
each boundary, t+f tbe l e as e , except when 
such would interfere with the use of tra- 
ditional navigation channels. 

(4) Slakes marking areas of management 
within leases, as approved m the manage- 
ment plan, or franchises must conform to 
Paragraph (a)(3) of this Rule and may not 
exceed one for each 1.200 square feet. 
Marking at concentrations of stakes 
greater than one tor each 1 .200 square feet 
constitutes use of the water column and a 
water column use amendment or permit 
is required. 

(b) All areas claimed by person in filings made 
pursuant to G.S. 113-205 as deeded bottoms 
through oyster grants issued by the county clerk 
of court or as private bottoms through perpetual 
franchises issued by the Shellfish Commission 
shall be marked in accordance with (a) of this 
Rule, except the sign shall include the number 
of the grant or deed rather than the number of 
the lease. I lowcvcr, claimed areas not being 
managed and cultivated shall not be marked. 



(c) Portions v4h» claim deeded bottom ?, e* p*»f- 
petuul franchises shall m+4- mark *m am* t4 b«4- 
te«+ unless tbe »fca t* being managed »«4 
cultivated by tbt» claimant. h is unlawful to fail 
to remove all stakes, signs, and markers within 
30 days of receipt of notice from the Secretary 
pursuant to Departmental Rule F5 NCAC" 1 1 1 
.0207 that the G_S_ 113-205 claim to the marked 
area has been denied. 

(d) The division Division has no duty to pro- 
tect any shellfish leas e hold <4+c*+ is lease or fran- 



chise not marked in accordance with Paragraph 
(a) of this Rule. 



.0305 MARKING SHELLFISH LEASES AND 
FRANCHISES 

(a) All shellfish leases lease - areas and franchises 
shall be marked by; 

(1) Stakes at least three inches in diameter at 
the water level and extending at least four 
feet above the high water mark. The 
stakes shall be firmly jetted or driven into 
the bottom at each corner, ef 4+e leased 

(2) Signs printed h+ letters at least three inches 
high, giving t+*» nam e (4 tbe lessee af>4 tbe 
lease number, displaying the number of 



Statutory Authority G.S. 76-40; 1/3-134; 
113-182; 113-201; f 1 3-202; 1/3-205; I43B-289.4. 

.0310 PRODUCTION REPORTS 

fa} bach lessee must f+k» >*4+b tb* division a 
report showing tbe amount w£ material planted 
t-H+ tb* lease s»4*» a«4 tbt 1 amount harvested. 

fb-) Reporting forms vv+W bf *f«4- k+ each lessee 
by tbe division wi conjunction with the annual 
notice e4 fw+t- d+fer 

fe-} Failure to furnish tb+* report, corr e ct ami m 
sufficient d e tail, constitutes grounds fof termi 
nation *4 t+H* leas e biling a report containing 



NORTH CAROLINA REGISTER 



101 



PROPOSED RULES 



false information al**» constitutes grounds fof 
termination e4 the lease. 

(a) I he owner of each shellfish lease or fran- 
chisc must file with the Division an annual pro- 



duction report showing the amounts o[ material 
planted and harvested in connection with man- 
agement lor commercial production. Reporting 
forms will he provided to owners of leases and 
franchises bv the Division during the period an- 
nual notices of rent due are provided to lessees 
in accordance with (iS. 1 !3-202(j). 

(h) I ailure to furnish the required production 
report, correct and m detail requested, or filing a 
report containing false information, can consti- 
tute grounds for termination. 

Statutory Authority G.S. 113-134; 113-182; 
113-201'; 113-202; 143B-289.4. 

.03 1 1 CANCELLATION 

(a) In addition to the grounds established by 
G.S. 113-202, the secretary will begin action to 
terminate the k** leases for failure to produce 
and market at least 25 bushels of oysters and/or 
clams per lease acre per year, averaged over the 
most recent three-year period after January 1 
following the second anniversary of an initial 
lease and throughout the term of a renewal lease. 

(b) Action to terminate a shellfish franchise 
shall begin when there is reason to believe that 
the patentee, or those claiming under him, havt 



done or omitted an act in violation of the terms 



and conditions on which the letters patent were 
granted, or have bv any other means forfeited the 



interest acquired under the same 
shall investigate ; 



The Division 



1 such rights issued in 
perpetuity to determine whether the Secretary 
should request that the Attorney General initiate 
an action pursuant to G.S. 146-63 to vacate or 
annul the letters patent granted by the state. 

fhf (c| In the event action to terminate the a 
lease or franchise is begun, the lessee wth owner 
shall be notified by registered mail and given a 
period of 30 days in which to correct the situ- 
ation. Petitions to review the secretary's decision 
must be tiled with the Office of Administrative 
Hearings consistent with the provisions of 26 
NCAC Chapter 3. The lesse e owner may appeal 
the secretary's decision to terminate to the Ma- 
rine Fisheries Commission as set out in G.S. 
113-202(p). 

Statutory Authority G.S. 113-134; 1/3-201; 
1/3-202; 143B-289.4. 

.0312 TRANSFER OF INTEREST 

(a) Within 20 days after transfer of beneficial 
ownership of all or any portion of interest in a 



shellfish lease or franchise, leasehold to another, 
the new owner shall notify the Division, at the 
address given in 15 NCAC 3C .0303 (a), ef w**4* 
fact . and provide the number of the lease or 
franchise and the county in which it is located. 
Such notification shall be accompanied bv a 
management plan prepared bv the new owner iri 
accordance with the standards in J_5 NCAC 3C 
.0303(d). 

(+H 'Jrh& notification shall include the name t+f 
the t+ew- owner, the number t+f the lease, a«4 the 
county where the lease i* located. 

ftr} 44*e notification shall be accompanied bv a 
management plan pr e pared m accordance with 
the standards m 44- NCAC 1G 4444U fdfr 

ftH (b) If the new owner takes obtains a portion 
of a an existing lease or franchise which ha* been 
divided from the l e ase, it shall not contain less 
than one acre and the required When the Hew 
owner takes a portion b+ a lease which ha* been 
divided from the l e ase, the notification to the 
Division shall be accompanied by a survey pre- 
pared in accordance with the standards in 1 5 
NCAC 3C .0304 (c). 

fe4 (cji In the event the transferee is a nonresi- 
dent, the Secretary must initiate proceedings t» 
terminate the lease, termination proceedings. 

Statutory Authority G.S. 113-134; 113-182: 
113-201'; 1/3-202; 113-205; 143B-289A. 

.0314 SHELLFISH FRANCHISES 

(a) A survey prepared in accordance with the 
standards in 1 5 NCAC 3C .0304(e) shall be pro- 
vided to the Division within 90 days of notifica- 
tion to the owner that a claim filed under G.S. 
113-205 has been recognized as a valid shellfish 
franchise. 

(b) A management plan prepared in accordance 
with the standards in 15 NCAC 3C .0303(d) shall 
be provided upon submission of the survey re- 
quired in Paragraph (a) of this Rule and at ten- 
year intervals thereafter. 

(c) The survey and management plan require- 
ments in Paragraphs (a) and (b) of this Rule, and 
all other requirements and conditions of this 
Section affecting management of franchises, shall 
apply to all valid shellfish franchises recognized 
prior to September 1, 1989. 

(d) Commercial production requirements for 
franchises shall be identical to that required for 
leases in 15 NCAC 3C .0302(a)(1) averaged over 
the most recent three-year period after January 1 
following the second anniversary of the dates of 
recognition of claims as valid shellfish franchises 
and continuing throughout the term of manage- 
ment plans required in Paragraph (b) of this 
Rule. Annual reporting of commercial pro- 



102 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



duct ion shall be submitted upon receipt of forms 
provided by the Division for that purpose. 

Statutory Authority G.S. 113-134; 113-201; 
1/3-202; 1/3-205; I43B-289.4. 

SUBCHAPTER 3G - DESCRIPTIVE 
BOUNDARIES 

.0001 SKA TURTLE SANCTUARY 

The sea turtle sanctuary referenced in 15 NCAC 
3B .0114 is in the Atlantic Ocean adjacent to 
Onslow County enclosed by a line, beginning at 
the easternmost end of Hammocks Beach (Bear 
blind) at 34° 38.4' N - 77° 07' VV, and running 
southeastward 1,000 feet offshore toward the 
Bogue Inlet Bell Buoy (BW "BI"); thence con- 
tinuing southwest 1,000 feet offshore parallel 
with the ocean shoreline of Bear Island to a point 
34° 37.1' N - 77° 10.1' W where said line inter- 
sects the northeastern edge of that restricted zone 
between Bear and Browns Inlets, designated as 
part of the Camp Lejcune restricted area; thence 
seaward along the boundary of this restricted 
zone to a point 34° 36.7' N - 77° 09.8' W, said 
point being about 3 4 mile 157° M from the 
western end of Bear Island; thence from said 
point southwest across the restricted zone to a 
point 34° 35. 1' N - 77 13.2 W where said line 
intersects the southwestern boundary of the re- 
stricted zone, thence shoreward with the south- 
western boundary of the restricted zone to a 
point off the mouth of Brown's Inlet 34° 35.6' 
N - 77° 13.6' W, said point being about 1,000 feet 
offshore of the western shore of Brown's Inlet; 
thence southwest parallel with the ocean 
shoreline 1,000 feet offshore to a point 34° 34.7' 
N - 77° 15.1' W, said point being about 1 ,200 feet 
151° M from the northernmost observation 
tower on Onslow Beach; thence running south- 
east 151° M to a point 34° 34.3' N - 77° 14.7' 
W, said point being about 3/4 mile offshore; 
thence running southwest to the New River Inlet 
Bell Buoy (BW "NR"); thence from said buoy- 
to the southernmost tip of Onslow Beach 34° 
31.9' N - IT 20.3' VV. 

Statutory Authority G.S. 113-134; 113-182; 
143B-2S9.4. 

.0002 MILITARY RESTRICTED AREAS 

(a) Designated military restricted areas refer- 
enced in 15 NCAC 3B '.01 17(b) and used for 
military training purposes arc located as follows: 
( 1 ) Currituck Sound: 

(A) North landing River; and 



(B) Northern part of Currituck Sound (See 
33 CFR 334.410 (a) (1) and (a) (2); Con- 
tact Commander Fleet Air Norfolk); 

(2) Albemarle Sound: 

(A) Along north shore at the easternmost 
tip of Harvey Point; and 

(B) Along south shore of Albemarle South 
(See 33 CFR 334.410 (b) (1) and (b) (2); 
Contact Commander Fleet Air Norfolk); 

(3) Pamlico Sound: 

(A) In the vicinity of Fong Shoal (See 33 
CFR 334.410 (c); Contact Commander 
Fleet Air Norfolk); 

(B) In the vicinity of Brant Island (See 33 
CFR 334.420 (a) (1); Contact 
Commander Marine Corp Air Bases, 
Fast, Cherry Point); and 

(C) In the vicinity of Piney Island including 
waters of Rattan Bay, Cedar Bay and 
Tumagain Bay (Sec 33 CFR 334.420 (b); 
Contact Commander Marine Corps Air 
Bascs, East, Cherry Point); 

(4) Neuse River and tributaries, that portion 
of Neuse River within 500 feet of the 
shore along the reservation of the Marine 
Corps Air Station, Cherry Point, North 
Carolina, extending from the mouth of 
Hancock Creek to a point approximately 
6,000 feet west of the mouth of Slocum 
Creek, and all waters of Hancock and 
Slocum Creeks and their tributaries within 
the boundaries of the reservations (See 33 
CFR 334.430 (a); contact Commanding 
General, L'nitcd States Marine Corps Air 
Station, Cherry Point); 

(5) Atlantic Ocean: 

(A) In the vicinity of Bear Inlet; and 

(B) East of New River Inlet 

(See 33 CFR 334.440 (a) and (d); Contact 
Commanding General, Marine Corps 
Base, Camp Fejcunc); 

(6) Brown's Inlet area between Bear Creek, 
Onslow Beach Bridge and the Atlantic 
Ocean (See 33 CFR 334.440 (c); Contact 
Commanding General, Marine Corps 
Base, Camp Fcjcune); 

(7) New River within eight sections; 

(A) Trap Bay Sector, 

(B) Courthouse Bay Sector, 

(C) Stone Bay Sector, 

(D) Stone Creek Sector, 

(E) Grey Point Sector, 

(F) Farnell Bay Sector, 

(G) Morgan Bay Sector, and 
(H) Jacksonville Sector 

(See 33 CFR 334.440 (b); Contact Com- 
manding General, Marine Corps Base, 
Camp Lejeune); 



NOR TH CA R OLINA R EG IS TER 



103 



PROPOSED RULES 



(8) Cape I -car Riser due west of the main ship 

channel extending from U.S. Coast Guard 

Buoy No. 31 A at the north approach 

channel to Sunny Point Terminal to U.S. 

Coast Guard Buoy No. 23A at the south 

approach channel to Sunny Point Army 

Terminal and all waters of its tributaries 

therein (See 33 CFR 334.450 (a); Contact 

Commander, Sunny Point Area Terminal, 

Southport). 

(b) The areas included in the advisory against 

the use of fixed fishing gear at the Piney Island 

range, as referenced in 15 NCAC 3B .0117(d) is 

Rattan Bay southeast of a line beginning at a 

point 35° 02' 41" N - 76° 29' 00" W, running 027° 

(M) to a point 35° 03' 28" N - 76 : 28' 42" W, and 

include all of Rattan Bay which is within the 

Pmey Island military range in southern Pamlico 

Sound. 

Statutory Authority G.S. 113-134; 11 3- IS I; 
113-182; I43B-289.4. 

.0003 TRAWL NETS PROHIBITED 

It is unlawful to use trawl nets in that area south 
of Shackleford Banks which is cast of a line 
which begins at the navigation aid (buoy or 
beacon) at the westward end of the Cape 
Lookout westernmost jetty and running thence 
N U6 : 45" T degrees (M) to the Markers' Island 
water tower; The excluded area includes all of 
Cape Lookout Bight, that area west of the Bight 
but east of the line above that portion of Bardcns 
Inlet which lies southwestward of a line which 
begins at the Cape T.ookout Lighthouse and runs 
N 28° 15' W degrees (M) to the southern end of 
Shackleford Banks. 

Statutory Authority G.S. 1/3-/34; 1/3-182; 
I43B-2S9.4. 

.0004 PLRSE SEINES PROHIBITED 

It is unlawful to take menhaden or Atlantic 
thread herring by use of a purse seine from the 
Atlantic Ocean within an area bounded by a line 
extending from Bald Head I ighthousc bearing 
242' (M) to Cape Tear River ship channel buoy 
"7", then bearing 320° (M) to the foot of the 
Yaupon Beach bishing Pier on Oak Island, then 
following the shoreline eastward to a point near 
Tort Caswell (33° 53' 13" N - 7S = 01' 11" W), 
then running 138 c (M) to the Bald Head 
I ighthousc. 

Statutory Authority G.S. 1/3-134; 113-182; 
143B-289.4. 

.0005 MECHANICAL METHODS PROHIBITED 



(a) It is unlawful to use mechanical methods 
to take oysters in Pamlico Sound, within the area 
bounded by a line beginning at a point on the 
north side of Swash Inlet 34°" 58' 50" N - 76° 09' 
13" \V; thence running 272° (M) 5,420 yards to 
a point in YVainwright Channel 34° 59' 30" N - 
76° 12' 22" W immediately cast of the northern 
tip of Wainwright Island; thence 019' (M) 2,000 
vards to red 4 second interval flashing beacon 
"2CS" 35° 00' 16" N - 76° 12' 12" W; thence 033° 
(M) 2,900 yards to 4 second interval flashing 
beacon "HL" 35° 01' 35" N - 76° 11' 27" W; 
thence 043° (M) 14,450 yards to a point in 
Pamlico Sound 35° 07' 06" N - 76° 06' 54" W; 
from which point green 4 second interval flashing 
beacon "3" on Royal Shoal bears 005° (\1) 6,000 
yards; green 6 second interval flashing beacon 
"5" on Royal Shoal bears 325° (M) 6,220 yards; 
and a vcllow 6 second interval flashing beacon 
on Royal Shoal bears 257° (\1) 3,000 yards; 
thence 078° (M) 7,800 vards to green 2.5 second 
interval flashing beacon "9" 35° 08' 26" N - 76° 
02' 30" \V in Nine Foot Shoal Channel; thence 
067° (M) 3,640 vards to red 4 second interval 
flashing beacon "14BF" 35° 09' 21" N - 76° 00' 
39" W in Big Loot Slough Channel; thence 078° 
(M) 26.260 yards to a quick-flashing beacon 35° 
14' 00" N - 75° 45' 50" W; southwest of Oliver 
Reef; thence 033° (M) 6,100 yards to 2.5 second 
interval flashing beacon "1" 35° 16' 46" N - 75° 
44' 16" \V in Rollinson Channel: thence 079° 
(M) 13,920 vards to red 4 second interval flashing 
beacon "2" 35 : 19' 02" N - 75° 36' 19" W in Cape 
Channel; thence 139° (M) 8,340 yards to a point 
on the shoreline of Hattcras Island near Buxton 
35° 16' 18" N - 75° 32' 20" W; thence southwest 
with the shoreline of Hattcras Island to a point 
35° 11' 30" N - 75° 44' 48" W on the southwest 
end of Ilatteras Island; thence 269° (M) 2,380 
yards across Hattcras Inlet to a point 35° 11' 18" 
N - 75° 46' 15" W on the northeast end of 
Ocracoke Island; thence southwest with the 
shoreline of Ocracoke Island to a point 35° 03' 
54" N - 76° 00' 54" W on the southwest end of 
Ocracoke Island; thence 268° (M) 2,220 yards 
across Ocracoke Inlet to a point 35° 03' 42" N - 
76° 02' 15" W on the northeast end of 
Portsmouth Island; thence running southwest 
with the shoreline of Portsmouth Island and 
Core Banks to a point on the north side of Swash 
Inlet 34° 58' 50" N - 76° 09' 13" \V, to the point 
of the beginning. 

(b) It is unlawful to use mechanical methods 
to take oysters in Core Sound and its tributaries 
southwest of a line beginning at a point on the 
north side of Swash Inlet 34° 58' 50" N - 76° 09' 
13" \V, and running 292° (M) to a point off Hog 
Island Reef 35° 00 r 06" N - 76° 14' 52" W. 



104 



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PROPOSED RULES 



(c) It is unlawful to use mechanical methods 
to take oysters in any of the following areas: Back 
Bay at I log Island, North Bay, the Straits, Back 
Sound, North River, Newport River, Bogue 
Sound, White Oak River, New River, 
I.ockwoods Folly River, Shallotte River, and 
Saucepan Creek (Brunswick County), except on 
private bottom by permit. 

Statutory Authority G.S. 113-134; 1 1 3- 1 82; 
I43B-289.4. 

.0006 DESIGNATED POT AREAS 

As referenced in 15 NCAC 3B .0504(a)(2), it is 
unlawful to use pots north and east of the High- 
way 5S Bridge at Bmerald Isle from May 1 
through October 31, except in areas described 
below: 

(1) In Albemarle Sound and tributaries; 

(2) In Roanoke Sound and tributaries; 

(3) In Croatan Sound and tributaries; 

(4) In Pamlico Sound and tributaries, except 
the following areas and areas further de- 
scribed in Paraizraphs (5), (6), and (7) of this 
Rule: 

(a) In YVysocking Bay: 

(i) Bound by a line beginning at a point on 
the south shore of I one Tree Creek 35° 
25' 05" N - 76° 02' 05" W running 239° 
(M) 1000 yards to a point 15° 24' 46" N - 
76° 02' 32" W; thence 336° (M) 2200 yards 
to a point 35° 25' 42" N - 76° 03' 16" W; 
thence 062° (M) 750 yards to a point on 
shore 35° 25' 54" N - 76° 02' 54" W; 
thence following the shoreline and the 
Lone Tree Creek primary nursery area 
line to the beginning point; 

(ii) Bound by a line beginning at a point 
on the south shore of \lt. Pleasant Bay 
35° 23' 07" N - 76° 04' 12" W running 
083° (M) 1200 yards to a point 35° 23' 17" 
N - 76° 03' 32" W; thence 023° (M) 2400 
yards to a point 35° 24' 27" N - 76° 03' 
12" W; thence 299° (M) 1 100 yards to a 
point on shore 35° 24' 38" N - 76° 04' 48" 
W; thence following the shoreline and the 
Browns Island and Mt. Pleasant Bay pri- 
mary nursery area line to the beginning 
point; except pots may be set no more 
than 50 yards from the shoreline. 

(b) In Juniper Bay bound by a line beginning 
at a point on Juniper Bay Point 35° 20' 
18" N - 76° 13' 22" W running 275° (M) 
2300 yards to a point 35° 20' 15" N - 76° 
14' 45" W; thence 007° (M) 2100 yards to 
Daymarkcr No. 3; thence 040° (M) 1100 
yards to a point on shore 35° 21' 45" N - 
76° 14' 24" W; thence following the 



shoreline and the Buck Creek primary 
nursery area line to the beginning point. 

(c) In Swanquarter Bay, bound by a line be- 
ginning at a point on the north shore of 
Caffec Bay 35° 21' 57" N - 76° 17' 44" 
W; running 191° (M) 800 yards to a point 
on the south shore 35° 21'" 35" N - 76° 17' 
45" W; thence followinu the shoreline to 
a point on shore 35° 21' 37" N - 76° 18' 
22" W; thence running 247° (M) 1300 
yards to a point 35° 21' 17" N - 76° 19' 
03" W; thence 340° (M) 1350 yards to a 
point 35° 21' 51" N - 76° 19' 27" \V; 
thence 081° (M) 1150 yards to a point on 
the north shore 35° 22' 02" N - 76° 18' 48" 
W; thence following the shoreline and the 
primary nursery area line to the beginning 
point. 

(d) In Deep Cove cast of a line beginning at 
a point on the south shore 35° 20' 33" N 
- 76° 22' 57" W, running 021° M 1800 
yards to a point on the north shore 35° 
21' 55" N - 76° 22' 43" W and west of a 
line beginning at a point on the south 
shore 35° 20' 44" N - 76° 22' 05" W run- 
ning 003° (M) 1400 yards to a point on 
the north shore 35° 21' 26" N - 76° 22' 11" 
W. 

(e) In that area bound by a line beginning at 
Beacon No. 1 at the mouth of Deep Cove 
running 314° (M) 1400 yards to a point 
on shore 35° 20' 12" N - 76° 24' 18" W; 
thence 206° (M) 3250 yards to a point 35° 
18' 40" N - 76° 24' 54" W; thence 128° 
(M) 2000 yards to a point 35° 18' 11" N - 
76° 23' 51" W; thence 015° (M) through 
the "Dope Boat" Beacon 3250 yards to 
the beginning point. 

(f) Off Striking Bay bound by a line begin- 
ning at a point on the west shore of 
Striking Bay 35° 23' 20" N - 76° 26' 59" 
W running 190° (M) 1900 yards to a point 
35° 22' 23" N - 76° 27' 00" W; thence 097° 
(M) 900 yards to Beacon No. 2; thence 
127° (M) 1600 yards to a point 35° 21' 
55" N - 76° 25' 43" W; thence following 
the shoreline to a point 35° 22' 30" N - 
76° 25' 14" W; thence 322° (M) 2200 yards 
to a point 35° 23' 17" N - 76° 26' 10" W; 
thence following the shoreline to a point 
35° 23' 19" N - 76° 26' 24" VV; thence 
335° (M) 900 yards to a point 35° 23' 40" 
N - 76° 26' 43" \V; thence 059° (M) 500 
yards to a point 35° 23' 30" N - 76° 26' 
58" W; thence following the shoreline to 
the beginning point. 

(g) In Rose Bay bound by a line beginning 
at a point southwest of Swan Point 35° 



NORTH CAROLINA REGISTER 



105 



PROPOSED RULES 



23' 56" N - 76° 23' 39" \V running 288° 
(M) 1500 yards to a point on shore 35° 
24' 03" N - 76° 24' 33" W; thence 162° 
(M) 1650 yards to a point 35° 23' 19" N - 
76° 24' 04" W; thence 084° (M) 1350 yards 
to a point on shore 35° 23' 29" N - 76° 
23' 17" W; thence following the shoreline 
to the beginning point. 

(h) In Spencer Bay bound by a line beginning 
at a point on shore at Willow Point 35° 
22' 26" N - 76° 28' 00" W running 059° 
(M) 1700 yards to a point 35° 22' 57" N - 
76° 27' 13" W; thence 317° (M) 1500 
yards to a point 35° 23' 25" N - 76° 27' 
57" W; thence 243° (M) 1300 yards to a 
point on shore 35° 23' 02" N - 76° 28' 35" 
W; thence following the shoreline to the 
beginning point. 

(i) In Big Porpoise Bay bound by a line be- 
ginning at a point on shore 35° 15' 58" N 
- 76° "29' 10" VV running 182° (M) 750 
yards to Sage Point 35° 15' 36" N - 76° 
29' 06" VV; thence 116° (M) 850 yards to 
a point 35° 15' 28" N - 76° 28' 36" VV; 
thence 023° (M) 700 yards to a point on 
shore 35° 15' 48" N - 76° 28' 30" W; 
thence following the shoreline to the be- 
ginning point. 

(j) In that area north of the target ship bc- 
ginning at a point 35° 14' 25" N - 76° 27' 
05" W; running 071° (M) 2000 yards to a 
point 35° 14' 52" N - 76° 26' 00" VV; 
thence 168° (M) 1800 yards to a point 35° 
14' 03" N - 76° 25' 3*9" VV; thence 273° 
(M) 2000 vards to a point 35° 13' 57" N - 
76° 26' 55" VV; thence 350° (M) 1000 yards 
to the beginning point. 

(k) In Middle Bay-Jones Bay area bound by 
a line beginning at Middle Bay Point 35° 
14' 49" N - 76° 28' 41" VV running 131° 
(M) 3550 yards to a point 35° 13' 51" N - 
76° 26' 53" VV; thence 214° (M) 2600 yards 
to a point 35° 12' 43" N - 76° 27' 34" VV; 
thence 291° (M) 2700 yards to Sow Is- 
land; thence 181° (M) 2350 yards to a 
point 35° 11' 51" N - 76° 28' 57" VV; 
thence 254° (M) 2000 yards to Red 
Daymarker No. 4; thence 024° (M) 3600 
yards through Green Flasher No. 5 to 
Sow Island Point 35° 13' 09" N - 76° 29' 
28" VV 1 ; thence following the shoreline of 
Middle Bay to Big Fishing Point 35° 14' 
02" N - 76" 29 52" VV; thence 008= (M) 
1100 yards to a point on the north shore 
35° 14' 33" N - 76° 29' 52" VV; thence fol- 
lowing the shoreline to a point 35° 14' 46" 
N - 76 c 29 14" VV; thence no more than 



75 yards from the shoreline to the begin- 
ning point. 
(1) In Jones Bay bound by a line beginning 
at a point on Sow Island Point 35° 13' 09" 
N - 76° 29' 28" VV running 204° (M) 2600 
yards to Green Flasher No. 5; thence 322° 
(M) 2450 yards to a point 35° 12' 48" N - 
76° 30' 58" VV; thence 217° (M) 1200 yards 
to a point shore 35° 12' 20" N - 76° 31' 
16" VV; thence following the shoreline to 
a point 35° 12' 52" N - 76° 31' 45" VV; 
thence 231° (M) 600 yards to a point 35° 
12' 52" N - 76° 31' 45" VV; thence parallel 
with the shoreline no more than 600 yards 
from shore to a point 35° 13' 11" N - 76° 
32' 07" VV; thence 038° (M) to a point 600 
yards from the north shore 35° 13' 39" N 
- 76° 31' 54" VV; thence parallel with the 
shoreline no more than 600 yards from 
shore to a point 35° 13' 09" N -76° 30' 48" 
VV; thence 009° (M) 600 yards to a point 
on shore 35° 13' 26" N - 76° 30' 47" VV; 
thence following the shoreline to the be- 
ginning point. 
(m) In an area bound by a line beginning at 
Boar Point 35° 12' 07" N - 76° 31' 04" VV 
running 106° (M) 2000 yards to Green 
Flasher No. 5; thence 200°' (M) 2200 vards 
to a point 35° 10' 56" N - 76° 30' 10" VV; 
thence 282° (M) 2350 vards to Bay Point 
35° 11' 02" N - 76° 31' 35" VV; thence fol- 
lowing the shoreline to the beginning 
point. 
(n) In an area at the mouth of Bay River 
bound by a line beginning at a point on 
Maw Point 35° 08' 55" N - 76° 32' 10" 
VV running 020° (M) 1600 yards to 
Daymarker No. 1; thence 134° (M) 3800 
yards to Neuse River Junction Quick 
'Flasher; thence 236° (M) 1700 vards to 
Red Day Marker No. 2 PA; thence 314° 
(\I) 2750 yards to the beginning point, 
(o) The waters within a circular area with a 
radius of 1,000 yards having its center on 
the southern side of Brant Island at lati- 
tude 35° 12' 30" N - longitude 76° 26' 30" 
VV. 
(5) In Pamlico River west of a line from a 
point on Pamlico Point 35° 18' 42" N - 76° 
28' 58" VV running 009° (M) through 
Daymarker No. 1 and Willow Point Shoal 
Beacon to a point on Willow Point 35° 22' 
23" N - 76° 28' 48" VV pots may be used in 
the following areas: 
(a) In that area bound by a line beginning at 
a point on the line from Pamlico Point to 
Willow Point 35° 19' 24" N - 76° 28' 56" 
VV running westerly parallel to the 



106 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



shoreline at a distance of no more than 
1000 yards to a point 35° 19' 24" N - 76° 
29' 09" W; thence running 218° (M) 900 
yards to a point 35° 19' 02" N - 76° 29' 
24" W 100 yards from shore; thence 
westerly parallel to the shoreline at a dis- 
tance of 100 yards to a point 35° 19' 02" 
N - 76° 29' 59" W; thence 006° (M) 950 
yards to a point 35° 19' 30" N - 76° 30' 
00" W; thence westerly parallel to the 
shoreline at a distance of 1000 vards to a 
point 35° 20' 06" N - 76° 32' 54" W; 
thence 198° (M) 550 yards to a point 400 
yards from shore 35° 19' 49" N - 76° 32' 
59" W; thence parallel to the shoreline at 
a distance of 400 vards to a point 35° 19' 
50" N - 76° 33' 27" W; thence 008° (M) 
to a point 1000 yards from shore 35° 20' 
09" N - 76° 33' 27" VV; thence westerly 
parallel to the shoreline at a distance of 
1000 yards to a point 35° 20' 12" N - 76° 
33 55" W; thence 191° (M) to a point 400 
yards from shore 35° 19' 55" N - 76° 33' 
56" W; thence westerly parallel to the 
shoreline at a distance of 400 vards to a 
point 35° 20' 00" N - 76° 34' 34" W; 
thence 004° (M) 600 yards to a point 1000 
yards from shore 35° 20' 19" N - 76° 34' 
35" VV; thence westerly parallel to the 
shoreline at a distance of 1000 yards to 
Green flasher No. 1; thence 248° (M) 
parallel to the 1CWW to a point off 
lulford Point 35° 19' 59" N - 76° 36' 41" 
W; thence 171° (M) to a point on Lulford 
Point 35° 19' 41" N -76° 36' 34" W. 

(b) AH coastal waters and tributaries of 
Oyster Creek, James Creek, Middle Prong 
and Clark Creek. 

(c) All coastal waters of Goose Creek: 

(i) In that area bound by a line beginning 
at a point on Reed Hammock 35° 20' 24" 
N - 76° 36' 51" W running 171° (M) 300 
yards to a point 35° 20' W N - 76° 36' 
48" W; thence parallel with the shoreline 
no more than 300 vards from shore to a 
point 35° 20' 09" N - 76° 37' 10" W; 
thence 302° (M) 300 yards to a point on 
shore 35° 20' 13" N - 76° 37' 19" W. 

(ii) In that area bound by a line beginning 
at a point on shore 35° 19' 58" N - 76° 
37' 33" W; running 291° (M) 300 yards to 
a point 35° 19' 57" N - 76° 37' 21" W; 
thence parallel to the shoreline no more 
than 300 vards from shore to a point 35° 
18' 16" N - 76° 37' 16" W; thence 292° 
(M) to a point on the north shore of 
Snode Creek 35° 18' 15" N - 76° 37' 27" 
W. 



(iii) In that area bound by a line beginning 
at a point at the mouth of Goose Creek 
35° 19' 59" N - 76° 36' 41" W; running 
348° (M) to Green Daymarkcr No. 5; 
thence south parallel to the shoreline no 
more than 300 yards from shore to a point 
35° 18' 12" N - 76° 37' 07" W; thence 1 12° 
(M) to Store Point 35° 18' 09" N - 76° 36' 
57" VV. 

(iv) Between the line from Store Point to 
Snode Creek and a line beginning at a 
point on Long Neck Point running 264° 
(M) through Beacon No. 15 to Iluskic 
Point from the shoreline to no more than 
150 yards from shore. 

(v) AU coastal waters southeast of the line 
from Long Neck Point through Beacon 
No. 15 to Iluskic Point. 

(vi) Campbell Creek - west of a line from 
a point on Iluskic Point 35° 17' 00" N - 
76° 37' 06" W running 004° (M) to 
Pasture Point 35° 17' 20" N - 76° 37' 08" 
W, to the Inland-Commercial line. 

(d) All coastal waters bound by a line begin- 
ning on Reed Hammock 35° 20' 24" N 
-76° 36' 51" VV running 171° (M) to a 
point 35° 20' 16" N - 76° 36' 47" \V; 
thence 100° (M) 800 vards to Red 
Davmarker No. 4; thence '322° (M) 1200 
yards to a point 35° 20' 40" N - 76° 36' 
48" VV; thence westerly parallel to the 
shoreline at a distance of 300 vards to a 
point in Bond Creek 35° 20' 40" N - 76° 
41' 37" W; thence 199° (M) to a point on 
the south shore of Muddv Creek 35° 20' 
18" N - 76° 41' 34" VV, including all wa- 
ters of Muddy Creek up to the Inland- 
Coastal boundary line. 

(e) Along the west shore of Bond Creek from 
Lork Point to the Coastal- Inland bound- 
ary line from the shoreline to no more 
than 50 yards from shore. 

(f) /Ml coastal waters of South Creek up- 
stream of a line beginning at a point on 
Fork Point 35° 20' 45" N - 76° 41' 47" VV 
running 017° (M) to a point on Hickory 
Point 35° 21' 44" N - 76° 41' 36" VV. 

(g) In that area bound by a line beginning at 
a point at the six foot depth contour south 
of Hickory Point 35° 21' 33" N - 76° 41' 
39" VV; thence easterly following the six 
foot depth contour to a point off the east 
of Indian Island 35° 21' 42" N - 76° 38' 
04" VV; thence 270° (M) to a point on the 
east end of Indian Island 35° 21' 38" N - 
76° 38' 36" VV; thence following the 
shoreline of Indian Island to a point on 
the west end 35° 32' 37" N - 76° 39' 40" 



NORTH CAROLINA REGISTER 



107 



PROPOSED RULES 



VV; thence 293° (M) toward Daymarker 
No. 1 to a point at the six foot depth 
contour 35° 21' 46" N - 76° 40' 16" VV; 
thence following the six foot depth con- 
tour in a westerly direction to a point off 
Long Point 35° 22' 42" N - 76° 42' 44" 
W; thence 233° (M) to a point on shore 
35° 22' 24" N - 76° 43' 05" W. 

(h) Beginning at a point on shore near Long 
Point 35° 22' 29" N - 76° 43' 25" W, run- 
ning 00 1° (M) to a point 300 vards off- 
shore 35° 22' 39" N - 76° 43' 26" VV; 
thence westerly parallel to the shoreline 
at a distance of 300 yards to a point 35° 
22' 39" N - 76° 43' 59" W; thence 209° 
(M) to a point on shore 35° 22' 30" N - 
76° 44' 03" VV. 

(i) Beginning at a point on shore 35° 22' 30" 
N - 76° 44' 27" \V, running 355° (M) to 
a point offshore 35° 22' 40" N - 76° 44' 
31" W; thence westerly parallel to the 
shoreline at a distance of 300 vards to a 
point 35° 22' 53" N - 76° 45' 00" W; 
thence running 251° (M) to a point on 
shore 35° 22' 46" N - 76° 45' 14" W. 

(j) Beginning at a point on shore 35° 22' 54" 
X . 76° 45' 43" W; running 003° (M) to 
a point offshore 35° 23' 03" N - 76° 45' 
43" VV; thence westerly parallel to the 
shoreline at a distance of 300 yards to the 
intersection of a line beginning on the 
north shore at Gum Point 35° 25' 09" N 

- 76° 45' 33" VV; running 210° (M) to a 
point on the south shore 35° 23' 28" N - 
76° 46' 26" VV. 

(k) All coastal waters west of a line beginning 
on the north shore at Gum Point 35° 25' 
09" N - 76° 45' 33" VV running 210° (M) 
to a point on the south shore 35° 23' 28" 
N - 76° 46' 26" VV. 

(1) On the north side of Pamlico River bound 
by a line beginning at the intersection of 
the line from Gum Point to the south 
shore 500 yards from shore 35° 24' 55" N 

- 76° 45' 39" VV running easterly parallel 
to the shoreline at a distance of 500 yards 
to a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 59" 
VV. 

(m) All waters and tributaries of North Creek 
except the marked navigation channel. 

(n) In that area bound by a line beginning 
at a point at the six foot contour near 
Adams Point 35° 23' 08" N - 76° 35' 59" 
VV running westerly following the six foot 
depth contour to a point off Wades Point 
35° 23' 28" N - 76° 34' 09" VV. 

(o) In Pungo River: 



(i) Bound by a line beginning at Wades 
Point 35° 23' 16" N - 76° 34' 30" W run- 
ning 059° (M) to a point at the six foot 
depth contour, 35° 23' 28" N - 76° 34' 09" 
VV; thence northerly following the six foot 
depth contour to a point near Beacon No. 

3 35° 25' 44" N - 76° 34' 46" VV; thence 
272° (M) 950 yards to a point on shore 
35° 25'41"N- 76° 35' 22" VV. 

(ii) Bound bv a line beginning at a point 
on shore 35° 25' 50" N - 76° 35' 37" VV 
running 050° (M) 1150 yards to a point 
at 35° 26' 17" N - 76° 35' 10" VV; thence 
northerly following the six foot depth 
contour to a point 35° 26' 54" N - 76° 36' 
09" VV; thence 314° (M) 350 yards to a 
point on shore 35° 27' 00" N - 76° 36' 20" 
VV. 

(iii) Bound by a line beginning at a point 
on shore 35° 27' 14" N - 76 r 36' 26" VV 
running 077° (M) 800 yards to a point 35° 
27' 23" N - 76° 36' 02" VV; thence 
northerly following the six foot depth 
contour to a point off Windmill Point 35° 
30' 50" N - 76° 38' 09" VV; thence 076° 
(M) to a point 200 vards west of 
Davmarkcr No. 3 35° 31' 21" N - 76° 36' 
37"' VV; thence 312° (M) to a point at the 
"Breakwater" 35° 31' 36" N - 76° 37' 05" 
VV. 

(iv) All coastal waters bound by a line be- 
ginning at a point at the "Breakwater" 200 
yards northeast of Beacon No. 6 35° 31' 
47" N - 76° 36' 51" VV running 132° (M) 
to a point 200 yards from Davmarkcr No. 

4 35° 31' 31" N - 76° 36' 21" VV; thence 
running 102° (M) to a point 35° 31' 28" 
N - 76° 35' 59" VV; thence running 010° 
(M) to Beacon No. 1: thence running 045° 
(M) 700 yards to a point on shore 35° 32' 
22" N - 76° 35' 42" VV. 

(v) All coastal waters north and east of a 
line beginning at a point on shore west of 
Lower Dowry Creek 35° 37' 24" N - 76° 
35' 23" VV running 177° (M) 1950 yards 
to a point 200 vards north of Davmarkcr 
No. 11 35° 36'' 27" N - 76° 35'' 10" VV; 
thence easterly parallel to the marked 
navigation channel at a distance of 200 
vards to a point on the shore northwest 
of Wilkerson Creek 35° 33' 13" N - 76° 
27' 36" VV. 

(vi) All coastal waters south of a line be- 
ginning on shore south of Wilkerson 
Creek 35° 33' 02" N - 76° 27' 20" VV run- 
ning westerly parallel to the marked navi- 
gation channel at a distance of 200 yards 
to a point southeast of Daymarker No. 



108 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



14 35° 31' 05" N - 76° 32' 34" W; thence 
running 208" (M) to a point on shore 35° 
30' 56" N - 76° 32' 58" W. 

(vii) All coastal waters bound by a line be- 
ginning on shore cast of Durants Point 
35° 30' 29" N - 76° 33' 25" VV running 
347° (M) to a point southwest of 
Daymarkcr No. 12 35° 31' 08" N - 76° 33' 
53" W; thence westerly parallel to the 
marked navigation channel at a distance 
of 200 yards to a point south of Beacon 
No. 10 35° 31' 08" N - 76° 35' 35" W; 
thence running 185° (M) to a point at the 
six foot depth contour between Beacon 
No. 8 and the eastern shore of Pungo 
River 35° 30' 08" N - 76° 35' 28" W; 
thence following the six foot depth con- 
tour to a point 35° 28' 09" N - 76° 33' 43" 
\V; thence 127' (M) to a point on shore 
35° 28' 00" N - 76° 33' 25" \V; thence 159° 
(M) to a point at the six foot depth con- 
tour 35° 27' 40" N - 76° 33' 12" VV in- 
cluding the waters of Slades Creek and its 
tributaries; thence 209° (M) to a point on 
shore 35° 27' 22" N - 76° 33' 21" W; 
thence 272° (\1) to a point at the six foot 
depth contour 35° 27' IS" N - 76° 33' 53" 
W; thence southerly following the six foot 
depth contour to a point south of Sandy 
Point 35° 26' 35" N - 76° 33' 50" W; 
thence 0S7° (M) to a point on shore 35° 
26' 38" N - 76° 33' 34" VV. 

(viii) In that area bound by a line beginning 
at a point on shore 35° 26' 20" N - 76° 33' 
18" W running 176° (M) to a point at the 
six foot depth contour 35° 26' 05" N - 76° 
33' 13" W; thence southerly following the 
six foot depth contour throughout 
Portescue Creek to a point off Portescue 
Creek 35° 25' 44" N - 76° 32' 09" VV; 
thence 145° (\1) to a point on shore 35° 
25' 36" N - 76° 32' 01" VV. 

(ix) In that area bound by a line beginning 
at a point on shore 35° 25' 20" N - 76° 32' 
01" VV running 258° (M) to a point at the 
six foot deptrf contour 35° 25' 17" N - 76° 
32' 18" W; thence following the six foot 
depth contour to a point 500 yards west 
of Currituck Point 35° 24' 30" N - 76° 32' 
12" VV; thence southeasterly parallel to the 
shoreline and including Abel Bay at a 
distance of 500 yards to a point at the 
intersection of the line from Pamlico 
Point to Willow Point 35° 22' 09" N - 76° 
28' 48" VV. 
(6) In Bav River west of a line beginning at a 

point on Maw Point 35° 09' 02 "\ - 76° 32' 

09" W running 022° (M) to a point on Bay 



Point 35° IP 02" N - 76° 31' 34" W, pots 
may be used in the following areas: 

(a) In that area beginning at a point on Maw 
Point 35° 09' 02" N - 76° 32' 09" W; run- 
ning 018° (M) to Green Daymarkcr No. 
1; thence 223° (M) to a point on shore in 
Fisherman Bay 35° 09' 10" N - 76° 32' 38" 
VV. 

(b) In Fisherman Bay bound by a line be- 
ginning at a point on the shore west of 
Maw Point 35° 09' 18" N - 76° 33' 02" 
VV; thence 351° (M) 3200 yards to lighted 
Beacon No. 3 in Bay River; thence 230° 
(M) 1200 yards to a point on the shore 
35° 10' 24" N - 76° 34' 00" VV. 

(c) In that area bound by a line beginning at 
a point on the cast shore at the mouth of 
Bonners Bay 35° 10' 05" N - 76° 35' 18" 
VV; thence 306° (M) 300 yards to a point 
in Bay River, 35° 10' 10" N - 76° 35' 30" 
VV; thence parallel to the shoreline no 
more than 300 yards from shore to a point 
in Bay River 35° 10' 40" N - 76° 34' 42" 
VV; thence 188° (M) to a point on shore 
35° 10' 27" N - 76° 34' 42" VV. 

(d) In Bonner Bay bound by a line beginning 
at a point on the cast shore 35° 10' 05" N 
- 76° 35' IS" VV running 306° (M) 200 
yards to a point 35° 10' 09" N - 76° 35' 
25" VV; thence parallel to the shoreline no 
more than 200 yards offshore to a point 
35° 09' 16" N - 76° 34' 38" VV; thence 
097° (M) 200 yards to a point on shore 
35° 09' 16" N -76° 35' 13" VV. 

(e) In Bonner Bay, Spring Creek and Long 
Creek south of a line beginning at a point 
on the east shore 35° 09' 16" N - 76° 35' 
13" W running 274° (M) to a point on the 
west shore 35° 09' 14" N - 76° 35' 43" VV. 

(f) In Bonner Bay bound by a line beginning 
at a point on the west shore 35° 09' 14" 
N - 76° 35' 14" VV running 094° (M) 100 
yards to a point 35° 09' 13" N - 76° 35' 
39" VV; thence parallel to the shoreline no 
more than 100 yards offshore to a point 
in Riggs Creek 35° 09' 15" N - 76° 36' OS" 
VV; thence 142° (M) to a point on shore 
35° 09' 13" N - 76° 36' 08" VV. 

(g) In that area bound by a line beginning 
on the south shore of Bay River west of 
Bell Point 35° 09' 40" N - 76° 40' 00" VV 
running 314° (M) to a point 200 yards 
offshore 35° 09' 43" N - 76° 40' 06" VV; 
thence no more than 200 yards from the 
shoreline to a point 35° 09' 53" N - 76° 
36' 45" VV; thence 102° (M) to a point 35° 
09' 50" N - 76° 35' 54" VV; thence 181° 
(M) to a point 35° 09' 36" N - 76° 35' 51" 



NORTH CAROLINA REGISTER 



109 



PROPOSED RULES 



YV; thence 237' (\1] to a point in Riggs 
Creek 35° 09' 18" N - 76° 36' 12" W; 
thence 322" (M) to a point on shore at the 
mouth of Riggs Creek 35° 09' 21" N - 76° 
36' 18" W. 

(h) In that area on the south side of Bay 
River bound by a line beginning at a point 
on shore at the confluence of Bay River 
and Trent Creek 35° OS' 27" N - ~76° 43' 
12" W nmnintz 016° (M) 150 yards to a 
point 35° 08' 31" N - 76° 43' 11" YV; 
thence no more than 1 50 yards from shore 
to a point 34° 08' 59" N - 76° 40' 19" YV; 
thence 116 = (M) to a point on shore at 
Moorcs Creek 34= 08' 57" N - 76° 40' 14" 
W. 

(i) In Bay River and Trent Creek west of a 
line beginning at a point on the south 
shore 35° 08' 27" N - 76° 43' 12" W run- 
nine 016° (M) to a point on the north 
shore 35° 08' 39" N - 76= 43' 09" W. 

(j) In that area on the north shore of Bay 
River bound by a line beginning at a point 
west of Vandemere Creek 35 c 10' 53" N - 
76 : 39' 42" W runnina 135= (M) 150 yards 
to a point 35° 10' 52" N - 76° 39' 39" 
YV: thence no more than 150 yards from 
shore to a point at the confluence of Bav 
River and Trent Creek 35" OS' 37" N - 76° 
43' 10 W; thence to a point on the north 
shore 35= OS' 39" N - 76° 43' 09" YV. 

(k) In Vandemere Creek northeast of a line 
beginning at a point on the east shore 35° 
11' 04" N - 76° 39' 22" W running 315° 
(M) to a point on the west shore 35 : 1 1 
12" N - 76° 39' 36" W. 

(1) In that area bound by a line beginning at 
a point at the mouth of Vandemere Creek 
35 c 11' 04" N - 76° 39' 22" YV, running 
216° (M) 200 yards to a point in Bay 
River 35° 10' 58" N - 76° 39' 25" YV; 
thence parallel to the shoreline no more 
than 200 yards from shore to a point in 
Bay River northwest of Beacon No. 4 35° 
10'" 40" N - 76° 36' 38" YV; thence 344° 
(M) 200 yards to a point on shore 35° 10' 
45" N - ~6 : 36' 42" YV. 

(m) In that area bound by a line beginning 
at a point on Sanders Point 35° 11' 19" 
N - 76° 35' 54" YV; running 067° (M) 200 
yards to a point 35° 11' 23" N - 76° 35' 
47 YV: thence following the shoreline no 
more than 200 yards from shore to a point 
in Bay River northwest of Beacon No. 4 
35' 10' 40" N - 76° 36' 38" YV; thence 344° 
(Mi 200 vards to a point on the shore 35° 
10 45" N - 76= 36' 42" YV. 



(n) In that area beginning at a point on shore 
35° 12' 02" N - 76° 35' 58" YV, running 
162° (M) 500 yards to a point 35= 11' 38" 
N - 76° 35' 50" YV; thence parallel to the 
shoreline no more than 500 yards from 
shore to a point 35° 11' 56" N - 76° 35' 
04" YV; thence 339° (M) 500 yards to a 
point on shore at the mouth of Gales 
Creek 35° 12' 09" N - 76= 35' 12" YV. 
(o) In that area bound by a line beginning 
at a point on shore at the mouth of Gale 
Creek 35° 12" 08" N - 76° 34' 52" YV. 
running 278° (M) 200 yards to a point in 
Bay River 35° 12' 08" N - 76° 35' 02" YV; 
thence running parallel to the shoreline at 
a distance of 200 yards to a point in Bay- 
River 35° 11' 32" N - 76° 33' 24" YV; 
thence running 352° (M) 200 yards to a 
point on shore at Dump Creek 35° 11' 39" 
N - 76° 33' 25" YV. 
(p) In Gale Creek except the Intracoastal 
YY'aterway north of a line beginning at a 
point on the west shore 35° 12' 08" N - 
76° 35' 12" YV running 098° (M) to a point 
on the west shore 35° 12' OS" N - 76° 34' 
52" YV. 
(q) In an area bound by a line beginning at 
a point on the eastern shore at the mouth 
of Rockhole Bav 35 : 11' 06" N - 76° 32' 
11" YV; thence 180° (M) 600 yards to a 
point in Bay River 35° 10' 49" N - 76° 32' 
09" YY ; ; thence east with the five foot curve 
1100 vards to a point 35 : 10' 36" N - 76° 
31' 30" YV; thence 000° (M) 850 yards to 
a point on Bay Point 35° 11' 02" N - 76° 
31'34"YV. 
(7) In the Ncuse River and YVest Bay Area 
south and west of a line beginning at a point 
on Maw Point 35° 09' 02" N - 76° 32' 09" 
YV, running 137° (M) through the Maw 
Point Shoal Day Marker No. 2 and through 
the Neuse River Fntrance I ight to a point 
at the mouth of West Bay 35° 02' 09" N - 
76° 21' 53" YV, pots may be set in the fol- 
lowing areas: 

(a) All coastal fishing waters northwest of a 
line beginning at a point at the mouth of 
Slocum Creek 34° 57' 02" N - 76° 53' 42" 
\V, running 029° (M) to a point at the 
mouth of Beards Creek 35° 00' 08" N - 
76° 52' 13" YV. Pots may also be set in 
coastal fishing waters of Goose Bay and 
Upper Broad Creek. 

(b) In that area bound by a line beginning 
at a point on the north shore at Mill 
Creek 34' 59' 34" N - 76° 51' 06" YV; 
thence running 223° (M) approximately 
300 yards into the river to a point 34° 59' 



110 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



25" N - 76° 51' 14" W; thence along the 
six foot depth curve southeast to a point 
at the rock jetty 34° 58' 06" N - 76° 49' 
14" W; thence 016° (M) approximately 
300 yards to a point on the shore 34° 58' 
17" N - 76° 49' 12" W. 

(c) In that area bound by a line beginning at 
a point on the north shore approximately 
500 yards west of Pierson Point 34° 58' 
32" N - 76° 46' 38" W; thence running 
171° (M) approximately 300 yards into 
the river to a point 34° 58' 24" N - 76° 
46' 34" W; thence east and northeast along 
the six foot curve to a point in the river 
34° 58' 47" N - 76° 45' 39" W; thence 330° 
(VI) approximately 700 yards to a point 
on the shore 50 vards west of an existing 
pier 34° 59' 04" N - 76° 45' 54" W. 

(d) In that area bound by a line beginning at 
a point on the north shore cast of Dawson 
Creek Bridge 34° 59' 34" N - 76° 45' 12" 
VV; thence running 244° (M) approxi- 
mately 500 yards to Day Marker No. 4 
(entrance to Dawson Creek Channel); 
thence running east 117° (M) to a point 
34° 59' 22" N - 76° 45' 19" W; thence east 
and northeast along the six foot curve to 
a point 50 yards west of Day Marker No. 
3 (channel to Oriental) 35° 01' 02" N - 76° 
41' 51" VV; thence 303° (M) approxi- 
mately 600 vards to a point on the eastern 
tip of Windmill Point 35° 01' 10" N - 76° 
42' 08" \V. 

(c) In Greens Creek (Oriental) west of a line 
at the confluence of Greens and Kershaw 
Creeks beginning at a point on the south 
shore 35° 01' 28" N - 76° 42' 55" W run- 
ning 005° (M) to a point on the north 
shore 35° 01' 38" N - 76° 42' 54" W, no 
more than 75 yards from the shoreline 
east of this line to the Highway 55 bridge. 

(f) In that area bound by a line beginning at 
a point on Whittaker Point 35° 01' 37" N 
- 76° 40' 56" W; thence running 192° (M) 
approximately 500 yards to a point in the 
river 35° 01' 23" N - 76° 40' 57" W; thence 
along the six foot depth curve northeast 
to a point in the river off Orchard Creek 
35° 03' 18" N - 76° 37' 53" W; thence 
280° (M) approximately 900 yards to a 
point on the eastern tip of Cockle Point 
35° 03' 20" N - 76° 38' 27" W. 

(g) In that area bound by a line beginning at 
a point on the north shore near the mouth 
of Orchard Creek 35° 03' 38" N - 76° 37' 
54" W running 177° (M) approximately 
400 yards to a point 35° 03' 27" N - 76° 
37' 54" W; thence along the six foot curve 



to a point eastward; thence 174° (M) 600 
yards to a point on the north shore 35° 
03' 56" N - 76° 36' 42" W. 

(h) In that area bound by a line beginning 
at a point on the north shore approxi- 
mately 400 yards south of Gum Thicket 
Creek 35° 04' 12" N - 76° 36' 11" W; 
thence running 132° (M) approximately 
600 yards to a point 35° 03' 55" N - 76° 
35' 48" W; thence along the six foot depth 
curve eastward to a point 35° 04' 10" N - 
76° 34' 37" VV; thence 304° (M) to a point 
on the shore 400 yards north of Gum 
Thicket Creek 35° 04' 38" N - 76° 35' 42" 
VV. 

(i) In Lower Broad Creek cast of a line run- 
ning 188° (M) through Red Day Marker 
No. 4. No more than 150 yards from 
shore between a line running 188° (M) 
through Red Day Marker No. 4 and a line 
running 228° (M) through Green Marker 
No. 3. Pots may not be set in Burton 
Creek. 

(j) Piney Point Shoal Area, in that area 
bound by a line beginning at a point on 
the north side of a creek (locally known 
as Wadin or Persimmon ("reek) 35° 07' 
17" N - 76° 33' 26" VV running 115° (M) 
approximately 300 yards to a point near 
the six foot depth curve 35° 07' 15" N - 
76° 33' 16" W; thence south and southeast 
along the six foot depth curve to a point 
east of the old lighthouse 35° 05' 17" N - 
76° 32' 42" W; thence 288° (M) through 
the old lighthouse to a point on shore 
north of Red Day Marker No. 2 at the 
mouth of Broad Creek 35° 05' 42" N - 76° 
35' 18" VV. 

(k) In that area bound by a line beginning at 
a point on the south shore of Maw Bay 
35° 08' 32" N - 76° 32' 38" W; thence 
running 1 14° (M) to Maw Point Shoal 
Day Marker No. 2; thence 317° (M) to 
Maw Point 35° 08' 55" N - 76° 32' 11" 
VV. 

(1) In that area east of Slocum Creek bound 
by a line beginning at a point 34° 57' 02" 
N - 76° 53' 42" VV; thence running 029° 
(M) approximately 1100 yards to a point 
34° 57' 32" N - 76° 53' 28" VV; thence 
along the six foot curve to a point 34° 56' 
34" N - 76° 49' 38" W; thence 176° (M) 
approximately 300 yards to a point 34° 56' 
26" N - 76° 49' 35" VV. 

(m) In that area bound by a line beginning 
at a point 34° 56' 22" N - 76° 49' 05" VV, 
running 057° (M) approximately 1100 
yards to Day Marker "2" off Cherry 



NORTH CAROLINA REGISTER 



III 



PROPOSED RULES 



Point; thence 097° (\1) approximately 200 
yards to a point 34° 56' 42" N - 76° 48' 
27" W; thence along the six foot curve to 
a point 34° 55' 10" N - 76° 45' 40" W; 
thence 187° (M) approximately 400 yards 
to a point on Temple Point 34° 54' 58" 
N - 76° 45' 40" W. 

(n) In that area southeast of a line beginning 
at a point at the mouth of Clubfoot Creek 
34° 55' 20" N - 76° 45' 09" VV running 
076° (M) to a point on shore 34° 55' 37" 
N - 76° 44' 23" VV. 

(o) In Clubfoot Creek south of a line begin- 
ning at a point on the east shore 34° 54' 
30" N - 76' 45' 26" VV, running 284° (M) 
to a point on the west shore 34" 54' 33" 
N - 76° 45' 43" VV. Pots may be set 50 
yards from shore north of this line. 

(p) In that area bound by a line beginning 
at the western tip of Great Island 34° 55' 
47" N - 76° 44' 50" VV; thence running 
275° (M) appro ximatclv 500 vards to a 
point 34° 55' 46" N -' 76° 45' 07" W; 
thence 029° (M) approximately 1400 
vards to a point 34° 56' 24" N -'76° 44' 
48" W; thence 120° (M) to a point 34° 56' 
06" N - 76° 43' 59" VV; thence 232° (M) 
to a point on Great Island 34° 55' 50" N 
. 76° 44' 17" VV. 

(q) In that area bound by a line beginning 
at a point west of I own Creek 34° 55' 38" 
N - 76° 44' 18" VV rurmins 064° (M) to a 
point 34° 55' 57" N - 76° 43' 43" VV; 
thence 138° (M) to a point on shore at the 
mouth of Great Neck Creek 34° 55' 50" 
N - 76° 43' 25" VV. 

(r) In that area bound by a line beginning at 
a point at the mouth of Great Neck Creek 
34° 55' 50" N - 76° 43' 25" VV; running 
318° (M) 750 yards to a point 34° 56' W' 
N - 76° 43' 47" VV; following the shoreline 
no more than 750 yards from shore to a 
point 34° 56' 50" N - 76° 43' 11" VV; 
thence 116° (M) 750 yards to a point on 
shore at Courts Creek 34° 56' 42" N - 76° 
42' 46" VV. 

(s) In that area bound by a line beginning at 
a point on Courts Creek 34° 56' 42" N - 
76° 42' 46" VV, running 296° (M) 1000 
yards to a point 34 c 56' 52" N - 76° 43' 
20" VV; thence parallel with the shoreline 
no more than 1000 yards to a point 34° 
57' 5V N - 76° 41' 59" VV; thence 190° 
(M) 1000 yards to a point on shore 34° 
57' 24" N - 76° 42' 00" VV. 

(t) In that area bound by a line beginning at 
a point on shore, 34° 57' 24" N - 76° 42' 
00" VV. running 010° (M) to 50(1 yards to 



a point 34° 57' 38" N - 76° 42' 00" VV; 
thence running parallel to the shoreline 
no more than 500 yards from shore to a 
point 34° 57' 33" N - 76° 41' 00" VV; 
thence 179° (M) to a point 34° 57' 23" N 

- 76° 40' 58" VV; thence 260° (M) to a 
point on shore at the mouth of Adams 
Creek 34° 57' 22" N - 76° 41' 10" VV. 

(u) In that area bound by a line beginning 
at a point on the northeast side of Adams 
Creek 34° 57' 30" N - 76° 40' 36" VV; 
thence 278° (M) 225 yards offshore to a 
point 34° 57' 30" N - 76° 40' 45" VV; 
thence 359° (\1) to a point off Winthrop 
Point 34° 58' 26" N - 76° 40' 56 VV; thence 
running 056° (M) to a point off Cedar 
Point 34° 59' 07" N - 76° 40' 04" VV; 
thence 140° (\I) to the shoreline on Cedar 
Point 34° 58' 50" N - 76° 39' 41" VV. 

(v) In that area bound by a line beginning at 
a point on Cedar Point 34° 58' 50" N - 
76° 39' 41" VV, running 320° (M) 750 
yards to a point 34° 59' 05" N - 76° 40' 
01" VV; thence parallel to the shoreline no 
more than 750 vards from shore to a point 
34° 59' 16" N -'76° 39' 31" VV; thence 167° 
(M) to a point on the shore 34° 58' 56" 
N - 76° 39' 21" VV. 

(w) In that area bound by a line beginning 
at a point on the shore 34° 58' 56" N - 76° 
39' 21" VV running 347° (M) to a point 34° 
59' 03" N - 76° 39' 24' VV; thence parallel 
to the shoreline no more than 200 yards 
from shore to a point 34° 59' 08" N - 76° 
38' 47" VV; thence 184° (M) to a point on 
shore 34° 59' 01" N - 76° 35' 25" VV. 

(x) In that are bound by a line beginning at 
a point west of Garbacon Creek 34° 59' 
01" N - 76° 38' 43" VV, running 004° (M) 
750 yards to a point 34° 59' 23" N - 76° 
38' 46" VV; thence parallel with the 
shoreline no more than 750 yards from 
shore to a point off Browns Creek 35° 00' 
20" N - 76° 33' 45" VV; thence 172° (M) 
to the shoreline on the west side of 
Browns Creek 34° 59' 57" N - 76° 33 35" 
VV. 

(y ) In that area bound by a line beginning at 
a point on shore at the mouth of Browns 
Creek 34° 59' 55" N - 76° 33' 29" VV, 
running 352° (M) 750 yards to a point on 
35° 00' 22" N - 76° 33' 34" VV; thence 
parallel to the shoreline no more than 750 
yards from shore to a point 35° 03' 56" N 

- 76° 28' 56" VV; thence 136° (M) 750 
yards to a point on shore north of Rattan 
Bay 35° 03' 45" N - 76° 28' 32" VV. 



112 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(z) In that area bound by a line beginning 
on the north side of Rattan Bav at a point 
on the shoreline 35° 03' 45" N - 76° 28' 
32" W; thence running 316° (M) 600 yards 
offshore to a point 35° 03' 54" N - 76° 28' 
52" W; thence running parallel with the 
shoreline 600 yards offshore to a point 35° 
04' 09" N - 76° 26' 44" W; thence 239° 
(M) 600 vards to a point on shore 35° 04' 
57" N - 76° 27' 00" W. 
(aa) In Adams Creek: 

(i) Between a line running 080° (M) 
through Red Flasher No. 4 at the mouth 
of Adams Creek and a line beginning at a 
point on the south shore of Cedar Creek 
34° 55' 52" N - 76° 38' 49" W, running 
297° (M) to a point on the west shore of 
Adams Creek 34° 56° 03" N - 76° 39' 27" 
W, no more than 200 yards from shore. 

(ii) Between a line beginning at a point at 
the mouth of Cedar Creek 34° 55' 52" N 
- 76° 38' 49" W; running 297° (M) to a 
point on the west shore of Adams Creek 
34° 56' 03" N - 76° 39' 27" \V, and a line 
beginning at a point on the east shore 34° 
54' 55" N - 76° 39' 36" W; running 280° 
(M) to a point on the west shore 34° 54' 
55" N - 76° 40' 01" W; no more than 300 
yards from the west shore and 200 yards 
from the cast shore. 

(iii) South of a line beginning at a point on 
the cast shore 34° 54' 55" N - 76° 39' 36" 
\V, running 280° (M) to a point on the 
west shore 34° 54' 55" N - 76° 40' 01" 
W, except in the marked navigation 
channel, 
(bb) In South River: 

(i) Southeast of a line beginning at a point 
on the southwest shore 34° 58' 35" N - 
76° 35' 25" W, running 049° (M) through 
Red Flasher No. 2 to a point on the 
northeast shore 34° 59' 07" N - 76° 34' 52" 
W, no more than 200 yards from the 
shoreline. 

(ii) that area bound by a line beginning at 
a point on the southwest shore 34° 58' 35" 
N - 76° 35' 25" W, running 049° (M) to 
Red Flasher No. 2; thence running 207° 
(M) to a point north of Hardy Creek 34° 
58' 13" N - 76° 35' 22" W; thence follow- 
ing the shoreline to the point of begin- 
ning, 
(cc) In Tumagain Bay: 

(i) Between a line running 077° (M) 
through Green Flasher No. 1 and a line 
beginning at a point on the east shore 34° 
59' 04" N - 76° 29' 01" W; running 276° 
(M) to a point on the west shore 34° 59' 



03" N - 76° 29' 28" W, no more than 300 
yards on the east shore and 100 yards on 
the west shore. 

(ii) Between a line beginning at a point on 
the east shore 34° 59' 04" N - 76° 29' 01" 
W, running 276° (M) to a point on the 
west shore "34° 59' 03" N - 76° 29' 28" W, 
and a line beginning at a point on the cast 
shore 34° 57' 56" N - 76° 29' 25" W, run- 
ning 275° (M) to a point on the west 
shore 34° 57' 58" N - 76° 29' 44" W, no 
more than 150 yards from shore, 
(dd) In Cedar Bay east of a line beginning at 
a point 35° 00' 51" N - 76° 29' 42" W 
running 023° (M) to a point 35° 01' 09" 
N - 76° 29' 37" W, not more than 200 
yards from the shoreline, 
(ee) In West Bay - North Bay area: 

(i) In that area bound by a line beginning 
at a point 35° 02' 32" N - 76° 22' 27" W; 
thence southwest 220° (M) to Marker No. 
5 VVB; thence southeast 161° (M) to a 
point in West Bay 35° 00' 34" N - 76° 21' 
50" W: thence southwest 184° (M) to 
Deep Bend Point 34° 58' 36" N - 76° 21' 
48" W; thence following the shoreline of 
West Bay and North Bav to a point 35° 
02' 09" N - 76° 21' 53" W; thence 317° 
(\1) to the beginning point. 

(ii) In West Bay bound by a line beginning 
at a point on shore 35 5 03' 34" N -~76° 26' 
24" W, running 033° (M) 100 yards to a 
point 35° 03' 38" N - 76° 26' 23" W; 
thence parallel to the shoreline no more 
than 100 vards from shore to a point 35° 
00' 06" N - 76° 25' 24" W, running 278° 
(M) to a point on shore 35° 00' 06" N - 
76° 25' 28" W. 

(iii) In West Bay bound bv a line beginning 
at a point 35° 00' 06" N - 76° 25' 28" W, 
running 098° (M) 500 yards to a point 35° 
00' 06" N - 76° 25' 12" W; thence 171° 
(M) 2800 vards to a point 34° 58' 45" N - 
76° 24' 42" W; thence 270° (M) 1400 yards 
to a point on shore 34° 58' 39" N - 76° 
25' 22" W. 
(ff) In West Thorofare Bay and Merkle Bay 
south and southeast of a line beginning at 
a point in West Bay at Tump Point 34° 
58' 42" N - 76° 22' 49" W; thence south- 
west 258° (M) to Marker Fl R15 ft. 3M 
8 WB; thence southwest 203° (M) to 
Fong Bay Point 34° 57' 52" N - 76° 24' 
12" W. 
(gg) In Fong Bay: 

(i) In that area bound by a line beginning 
at a point on the south side of Stump Bay 
in Fong Bay 34° 57' 13" N - 76° 27' 12" 



NORTH CAROLINA REGISTER 



113 



PROPOSED RULES 



VV; running northeast 077° (M) across 
Stump Bay to a point 34' 57' 39" N - 76° 
25' 51" W; thence 032° (\1) to a point 34° 
58' 39" N - 76° 25' 22" W, following the 
shoreline to the beginning point. 

(ii) Southwest of a line beginning on the 
west shore 34' 57' 13" N - 76° 27~ 12" VV, 
running 134° (M) to a point on the east 
shore at Swimming Point 34° 56' 46" N - 
76° 26' 26" W. 

(ni) In the area bound by a line beginning 
at a point on shore at Swimming Point 
34° 56' 46" N - 76° 26' 26" VV, running 
314° (M) 300 yards to a point 34° 56' 52" 
N - 76° 26' 33" W; thence parallel to the 
shoreline no more than 300 yards from 
shore to a point 34° 58' 03" N - 76° 24' 
10" W; thence 203° (M) to Pons Bav 
Point 34= 57' 52" N - 76° 24' 12" VV. 
(hh) Raccoon Island, on the northeast shore 
between a point on the northwest shore 
35° 04' 27" N - 76° 26' 16" VV and a point 
on the southwest shore 35° 04' 00" N - 76° 
25' 33" VV from the shoreline no more 
than 150 yards from shore; on the south 
and west shores, no more than 50 yards 
from the shoreline. 
(S) Core Sound. Back Sound and the Straits 

and their tributaries. 
(9) North River: 

(a) In that area bound by a line beginning at 
a point on the shore on the cast side of 
North River south of Goose Bay 34° 43' 
35" N - 76° 34' 55" VV; thence running 
252° (M) to a point in the river 34° 43' 28" 
N - 76° 35' 14" VV; thence running 355° 
(M) to a point in the river 34° 45' 20" N 
- 76° 35' 45" VV; thence running 060° (M) 
to a point in the river 34° 45' 45" N - 76° 
35' 04" YV; thence running 165° (M) to a 
point on the shore at the mouth of South 
I eopard Creek 34° 45' 36" N - 76° 34' 59" 
W; thence with the shoreline to the point 
of beginning. 

(b) In that area bound by a line beginning 
at a point on the west side of North River 
near Steep Point 34° 43' 40" N - 76° 37' 
20" VV; thence running 040° (M) to a 
point 34° 44' 35" N - 76° 36' 36" W; 
thence running 291° M 300 vards to a 
point 34° 44' 37" N - 76° 36' 45" W; 
thence running 219° (\1) to a point 34° 
44 13" N - 76° 37' 05" VV; thence running 
307° (M) to a point 34° 44' 16" N - 76° 
37' 12" VV; thence running 018° (M) to a 
point 34 : 45' 20" N - 76=" 36' 56" W fol- 
lowing the shoreline to the beginning 
point. 



(c) 



(d) 



10) 
(a) 



(b) 



(c) 



(11) 
(a) 



In that area of the North River marshes 
bound by a line beginning at Red I 'lasher 
No. 6 running 038° (M) along the 
southeast side of Steep Point Channel 
through Red Day Marker No. "8" to a 
point 34° 44' 08" N - 76° 36' 52" VV; 
thence 125° (M) to a point 34° 43' 48" N 

- 76° 36' 08" VV; thence 144" (M) to a 
point 34° 43' 30" N - 76° 35' 47" VV; 
thence 188° (M) to a point 34° 42' 23" N 

- 76° 35' 47" VV; thence 221° (M) to Red 
Flasher No. "56": thence 278° (M) to a 
point 34° 42' 14" N - 76° 36' 43" VV; 
thence 346° (M) to a point 34° 42' 45" 
N - 76° 36' 58" VV; thence 008° (M) to a 
point 34° 43' 14" N - 76° 36' 58" VV; 
thence 318° (M) to the beginning point. 

In the area north of a line beginning on 
the east shore at 34° 46' 11" N - 76° 35' 
13" VV; thence running 270° (M) to a 
point on the west shore at 34° 46' 11" N 

- 76° 37' 01" VV. 
Newport River: 

In that area bound by a line beginning at 
a point on the south shore 34" 45 30" N 

- 76° 43' 10" VV; thence running 026° (M) 
to a point on the north shore of Newport 
River 34° 46' 33" N - 76° 42' 46" VV; 
thence with the shoreline to Beacon No. 
24 in Core Creek; thence south with the 
Intracoastal Waterway to a point near 
Newport Marshes 34°' 44' 56" N - 76° 45' 
38" VV; thence 274° (M) to Crab Point 34° 
44' 54" N - 76° 42' 12" VV; thence with the 
shoreline to the beginning point. 

In that area bound by a line beginning 
at a point on the shore on the south side 
of Russell's Creek 34° 45' 28" N - 76° 39' 
46" VV running 278° (M) 1000 yards to 
Quick Flasher Beacon No. 29 in the 
Intracoastal Waterway; thence running 
173° (M) 1700 vards with the shoal to a 
point 34° 44' 37" N - 76° 40' 06" W; 
thence 195° (M) 1050 yards to a point on 
Gallant Point 34° 44' 06" N - 76° 40' 11" 
W: thence cast and north with the 
shoreline to the beginning point. 

In the mouth of Ilarlowc Creek north of 
a line beginning at a point near White 
Rock 34°"46' 28" N - 76° 43' 28" VV, run- 
ning 089° (M) to a point 34° 46' 33" N - 
76°" 42' 46" VV. 
Bogue Sound: 

In that area bound by a line beginning at 
a point 34° 42 16" N - 76° 49' 24" VVon 
the south shore of Bogue Sound (locally 
known as McGinnis Point) running 008° 
(M) to a point in Bogue Sound 34° 43' 



114 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



12" N - 76° 49' 24" W; thence running 
099° (M) to Atlantic Beach Bridge 34° 43' 
08" N - 76° 44' 12" W; thence 119° (M) 
to a point on the shore at Tar landing 
Bay 34° 42' 30" N - 76° 42' 12" W; thence 
191° (M) to a point on Bogue Banks 34° 
42' 00" N - 76° 42' 15" W; thence with the 
shoreline to the beginning point. 

(b) In that area north of the Intracoastal 
Waterway beginning at the Atlantic Beach 
Bridge and running parallel with the 
Intracoastal Waterway to Channel Marker 
(Beacon) No. 39 at Bogue (Guthrie 
Point). 

(c) In that area on the north side of the 
Intracoastal Waterway from the Old Perry 
Channel to the Highway 58 bridge. 

(12) Designated nursery areas in all coastal 
fishing waters which arc listed in Regulation 
15 NCAC 3G .0009, except Burton Creek 
off Power Broad Creek in Pamlico County. 

(13) West and south of the I lighway 58 Bridge 
at Pmerald Isle from May 1 through Octo- 
ber 3 1 in areas and during such times as the 
Pishcries Director shall designate by procla- 
mation. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43D-289.4. 

.0007 TAKING CRABS WITH DREDGES 

It is unlawful to take crabs with dredges except 
during the period January 1 through March 1 
within the area in Pamlico Sound bounded by a 
line beginning at a point on Sandy Point 35° 37' 
35" N - 75° 43' 46" W running 008° 10.1 nautical 
miles to a point on shore 35° 47' 45" N - 75° 43' 
56" W; thence 051° (VI) 1.75 nautical miles to a 
white daybeacon 35° 49' 03" N - 75° 42' 28" W; 
thence 098° 7 nautical miles to the Bodic Island 
Pighthousc; thence 157° (M) 3.6 nautical miles 
to the Oregon Inlet Coast Guard Station flasher; 
thence 182° (M) 9.7 nautical miles to Plasher No. 
3 at Chicamacomico Channel 35° 36' 21" N - 75° 
30' 00" W; thence 285° (M) 11.3 nautical miles 
to the point of beginning. 

Slatuton Authority G.S. 113-134; 113-182; 
143R-289.4. 

.0008 CRAB SPAWNING SANCTUARIES 

The crab spawning sanctuaries within which the 

taking of crabs may be restricted or prohibited 

during the period of April 1 through August 31 

are described as follows: 

(!) In the Oregon Inlet Area. Beginning at a 

point 35° 47^ 42" N - 75° 32' 21" W at the 

elevation of mean high water on the ocean 



beach one mile north of North Point on 
Bodie Island, thence seaward 66° (M) 880 
yards to a point in the Atlantic Ocean 35° 
47' 59" N - 75° 31' 51" W; thence 159° (M), 
4,000 yards to a point 35° 46' 21" N - 75° 
30' 40" W; thence 248° (M), 880 yards to a 
point on the hiszh water line of the Atlantic 
Ocean 35° 46' 06" N - 75° 31' 08" W, said 
point being one mile south of South Point; 
thence running with the high water line of 
the Atlantic Ocean on Pea Island northward 
to South Point; thence around South Point 
with the high water line of Pamlico Sound 
approximately 7,000 vards to a point 35° 43' 
42" N - 75° 30' 54" W on the high water line 
of the south point of Paglc Nest Bay; thence 
273° (M), 2,200 vards to a point in Pamlico 
Sound 35° 43' 42" N - 75° 32' 12" W; 
thence 344° (M), 8,100 vards to a point 35° 
47' 16" N - 75° 34' 09" W (present location 
of channel marker "2"); thence 17° (M), 
2,800 vards to a point on the high water line 
of Bodie Island 35° 48' 45" N -- 75° 33' 54" 
W, said point being near the eastern edge of 
Off Island; thence southward with the high 
water line of Pamlico Sound approximately 
6,880 yards to North Point on Bodic Island; 
thence northward along the high water line 
of the Atlantic Ocean on Bodic Island ap- 
proximately one mile to the point and place 
of the beginning. 
(2) In the Ilattcras Inlet Area. Beginning at a 
point 35° 10' 46" N - 75° 47' 50" W on the 
high water line of Pamlico Sound on 
Ocracokc Island (approximately 3,000 yards 
southwest of the western shore of I Iatteras 
Inlet); thence 320° (M), 4,850 yards to a 
point in Pamlico Sound 35° 12' 22" N -- 
75° 49' 58" W (said point being 900 yards 
north northwest of Pegged Pump, and the 
described line passing through the northeast 
edge of Outer Green Island); thence 72° (M), 
9,650 vards to a point in Pamlico Sound 35° 
14' 24" N - 75° 44' 44" W (said point being 
approximately 2,000 yards northeast of Ira 
Pcele's Pishing Pier, and the described line 
passing through the present location of Ira 
Peele's" Pishing Pier); thence 162° (M), 5,250 
yards to a point 35° 12' 05" N - 75° 43' 20" 
W on the high water line of Pamlico Sound 
on Hatteras Island (said point being ap- 
proximately 3,000 yards northeast of 
Hatteras Inlet and the described line passing 
through the present location of channel 
marker "15"); thence with the high water 
line of Pamlico Sound southwest approxi- 
mately 3,000 yards to the eastern edge of 
Hatteras Inlet; thence with the high water 



NORTH CAROLINA REGISTER 



115 



PROPOSED RULES 



line of said inlet southward and eastward to 
the high water line of the Atlantic Ocean; 
thence northeastward with the high water 
line of the Atlantic Ocean on Ilatteras Island 
approximately 2,100 yards to a point 35 D 1 1' 
36" N - 75" 43' 38" W; thence seaward 163° 
(M). 880 yards to a point in the Atlantic 
Ocean 35° 11' 13" N -- 75= 43' 25" W; thence 
261 ; (\1), 6.200 yards to a point in the 
Atlantic Ocean 35° 10' 16" N - 75° 46' 55" 
\V; thence 341° (\1), 880 yards to a point 
on the high water line of the Atlantic Ocean 
on Ocracoke Island 35° 10' 41" N -- 75 3 47' 
10" W; thence northeasterly with the high 
water line of the Atlantic Ocean approxi- 
mately 2,000 yards to a point on the high 
water line at the western shore of Ilatteras 
Inlet: thence northward and westward along 
the high water line of said inlet to the high 
water line of Pamlico Sound; thence 
southwestward along the highwater line of 
Pamlico Sound to the point and place of the 
beginning. 
(3) In the Ocracoke Inlet Area. Beannina at 
a point 35 r 03' 43" N -- 76 : 04' 50" W onthe 
high water line of Portsmouth Island [said 
point being 252 ; (M), 2,100 yards from the 
spire of Portsmouth Methodist Church]; 
thence northeasterly and easterly along the 
high water line of Pamlico Sound on 
Portsmouth Island approximately 3,800 
yards to the high water line at the western 
shore of Ocracoke Inlet; thence with the 
high water line southeastward approximately 
2,000 yards to the high water line of the 
Atlantic Ocean on Portsmouth Island; 
thence southwesterly approximately 1.600 
yards along the high water line of the 
Atlantic Ocean to a point 35 c 03' 03" N -- 
76° 03' 05" W; thence seaward 154= (\1), 880 
yards to a point in the Atlantic Ocean 35° 
02' 38" N - 76= 02' 43" W; thence 64= (M), 
1,280 yards to a point 35° 02' 58" N -- 76° 
02' 05" W; thence 83° (\1), 3,500 vards to a 
point 35° 03' 23" N - 76 c 00' 03" VV; thence 
55° (M). 1.725 vards to a point 35° 03' 58" 
N - 75° 59' 18" \V; thence 324 c (M), 880 
yards to a point 35° 04' 20" N - 75' 59' 43" 
\V on the high water line of the Atlantic 
Ocean on Ocracoke Island; thence 
southwesterly along the high water line of 
the Atlantic Ocean approximately 2.100 
yards to the high water line of Ocracoke In- 
let; thence northwesterly with the high water 
line of Ocracoke Inlet approximately 600 
yards to the high water line of Pamlico 
Sound; thence northeasterly with the high 
water line of Pamlico Sound, approximately 



5,900 yards to a point 35° 06' 12" N - 75' 
59' 22" W (said point being just south of the 
western tip of Springers Point); thence 273° 
(M) (through the present location of channel 
marker "25," the north edge of Beacon Is- 
land and Shell Castle Island), 8,400 yards to 
a point in Pamlico Sound 35° 05' 51" N -- 
76° 04' 25" W (said point being at or near 
the western extremity of Shell Castle Island); 
thence 197° (M), 4,380 yards to the point 
and place of the beginning. 

(4) In the Drum Inlet Area. Beginning at a 
point on the high water line of Core Sound 
on Core Banks 34° 50' 09" N - 76° 20' 25" 
W; thence 326° (\1), 2,000 vards to a point 
in Core Sound 34° 50' 50" N - 76° 21' 15" 
W; thence 50° (M), 8,000 yards to a point 
in Core Sound 34° 53' 44" N - 76° 18' 03" 
W; thence 151° (M), 2,390 yards to a point 
on the hiah water line of Core Sound on 
Core Banks 34° 52' 48" N - 76 : 17' 12" 
\V; thence with said high water line 
southwesterly approximately 4,400 yards to 
Drum Inlet; thence with the high water line 
around Drum Inlet and northward approxi- 
mately 4,400 yards to a point on the high 
water line of the Atlantic Ocean 34 D 52' 36" 
N - 76= 17' 03" VV; thence seaward 15b 
(M), 880 vards to a point in the Atlantic 
Ocean 34 :_ 52' 13" N - 76 : 16 45" VV; thence 
231° (M), 7.500 yards to a point in the 
Atlantic Ocean 34° 49' 30" N - 76° 19' 51" 
VV; thence 326 : (M), 880 yards to a point 
on the high water line of the Atlantic Ocean 
on Core Banks 34 : 49' 54" N - 76 3 20' 16" 
VV; thence northwardly along the high water 
line of the Atlantic Ocean to the south side 
of Drum Inlet; thence around the high water 
line of Drum Inlet and southward along the 
high water line of Core Sound on Core 
Banks to the point and place of the begin- 
ning. 

(5) In the Bardcns Inlet Area. Beginning at a 
point 34° 43' 30" N - 76 : 28' 57" VV in the 
west end of Core Sound (the present lo- 
cation of channel marker "37"); thence 228° 
(M), 1,280 yards to a point 34° 43' 02" N 
- 76° 29' 29" VV (the present location of 
channel marker "39"); thence 224° (M), 
5,900 vards to a point at the edge of 
1 ighthousc Channel 34° 40' 42" N - 76° 31' 
36" VV (the present location of channel 
marker "35"); thence 211° (M). 3,500 yards 
to a point on the Irish water line of 
Shackleford Banks 34° 39' 06" N - 76° 32' 
27" VV (this line running through Beargrass 
Island, and the point being at the tip of a 
prominent point of marsh immediately 



116 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



shoreward of Beargrass Island); thence along 
the high water line of Back Sound on 
Shacklcford Hanks eastward approximately 
2,500 yards to Hardens Inlet; thence south- 
ward with the high water line of the western 
shoreline of Bardens Inlet approximately 
1,700 yards to the high water line of the 
Atlantic Ocean; thence westward along the 
high water line of the Atlantic Ocean on 
Shacklcford Hanks approximately 2,000 
yards to a point 34° 38' 30" N -- 76° 32' 38" 
VV on the high water line of the Atlantic 
Ocean; thence 218° (M) through the present 
location of buoy R "4," 3,375 yards to a 
point 34° 37' 05" N -- 76° 33' 43" W (the 
present location of buoy R "2"); thence 131° 
(M), 1,075 yards to a point 34° 36' 47" N 
-- 76° 33' 11" W (this point being at the base 
of Cape Lookout jetty at the high water 
line); thence northward with the high water 
line of the Atlantic Ocean approximately 
1,800 yards to the northern tip of Power 
Squadron Spit; thence southward, eastward, 
and northward along the high water line 
around the shoreline of Cape Lookout Bight 
approximately 5,000 yards to the high water 
line on the eastern shoreline of Bardens In- 
let; thence northeasterly with the high water 
line of Core Banks approximately 12,000 
yards to a point on the high water line of 
Core Banks 34° 42' 00" N - 76° 28' 11* W 
(said point being about 1,200 yards south, 
southeast of Cowpcn Island); thence 343° 
(M) through the southwest tip of Cowpen 
Island 3,350 yards to the point and place of 
the beginning. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.0009 PRIMARY M RSKRY AREAS 

(a) In the Roanoke Sound Area. 

(1) Shallowbag Bay: 

(A) Dough Creek, northwest of a line be- 
ginning at a point on the cast shore 35° 
54' 28" N - 75° 40' 00" W; running 242° 
(M) to a point on the west shore 35° 54' 
19" N - 75° 40' 09" VV; 

(B) Scarborough Creek, all waters south of 
a line beginning at a point on the east 
shore 35° 54' 00" N - 75° 39' 33" VV; 
running 246° (\1) to a point on the west 
shore 35° 53' 59" N - 75° 39' 36" W. 

(2) Broad Creek, north of a line beginning 
at a point on the east shore 35° 52' 24" N 
- 75° 38' 26" W; running 306° (M) to a 
point on the west shore 35° 52' 22" N — 
75° 38' 30" W. 



(b) In the Northern Pamlico Sound Area. 

(1) Long Shoal River: 

(A) Long Shoal River, west of a line be- 
ginning at a point on the north shore 35° 
38' 00" N - 75° 52' 57" W; running 208° 
(M) to a point on the south shore 35° 37' 
47" N - 75° 53' 03" W; 

(B) Deep Creek, cast of a line beginning at 
a point on the north shore 35° 37' 50" N 

- 75° 52' 14" W; running 204° (M) to a 
point on the south shore 35° 37' 38" N - 
75° 52' 18" W; 

(C) Broad Creek, west of a line beginning 
at a point on the north shore 35° 35' 57" 
N - 75° 53' 42" W; miming 209° (M) to 
a point on the south shore 35° 35' 46" N 

- 75° 53' 49" W; 

(D) Muddy Creek, east of a line beginning 
at a point on the north shore 35° 36' 24" 
N - 75° 52' 08" W; running 181° (M) to 
a point on the south shore 35° 36' 15" N 

- 75° 52' 10" W; 

(E) Pains Bay, north of a line beginning at 
a point on the west shore 35° 35' 26" N 

- 75° 49' 12" VV; running 097° (M) to a 
point on the east shore 35° 35' 26" N -- 
75° 48' 50" VV; 

(F) Otter Creek, southwest of a line begin- 
ning at a point on the cast shore 35° 33' 
07"^N - 75° 55' 00" VV; running 277° (M) 
to a point on the west shore 35° 33' 07" 
N - 75° 55' 15" VV; 

(G) Clark Creek, northeast of a line begin- 
ning at a point on the north shore 33° 35' 
45" N - 75° 51' 30" W; running 158° (M) 
to a point on the south shore 35° 35' 46" 
N- 75° 51' 28" VV; 

(2) Far Creek, east of a line beginning at a 
point on Gibbs Point 35° 30' 06" N - 75° 
57' 46" VV; running 007° (\1) to a point 
on the cast shore 35° 30' 53" N - 75° 57' 
46" VV; 

(3) Middlctown Creek, west of a line begin- 
ning at a point on the north shore 35° 28' 
26" N - 75° 59' 55" VV; running 097° (M) 
to a point on the south shore 35° 28' 06" 
N - 75° 59' 55" VV; 

(4) Wy socking Bay: 

(A) Lone Tree Creek, east of a line begin- 
ning at a point on the south shore 35° 25' 
06" N - 76° 02' 06" VV; running 342° (M) 
to a point on the north shore 35° 25' 33" 
N - 76° 02' IS" VV; 

(B) VVysocking Bay, north of a line begin- 
ning at a point on the cast shore 35° 25' 
55" N - 76° 02' 58" VV; running 265° (M) 
to a point on the west shore 35° 25' 44" 
N - 76° 03' 33" VV; 



NORTH CAROLINA REGISTER 



117 



PROPOSED RULES 



(C) Douglas Bay, northwest of a line be- 
ginning at a point on Mackcy Point 35° 
25' 11" N - 76° 03' 14" W; running 229° 
(\1) to a point on the south shore 35° 24' 
50" N -- 76° 03' 42" VV; 

(D) Tributaries west of Brown Island, west 
of a line beginning at a point on the north 
shore of Brown Island 35° 24' 10" N - 76° 
04' 24" VV; running 007° (M) to a point 
35° 24' 24" N -- 76° 04' 24" W; and north 
of a line beginning at a point on the most 
southern point of Broun Island 35° 23' 
51" N -- 76° 04' 32" W; running 277° (M) 
to a point on the west shore 35° 23' 51" 
N - 76° 04' 48" VV; 

(5) East Bluff Bay, Harbor Creek east of a 
line beginning at a point on the south 
shore 35° 21 r 25" N - 76° 07' 48" W; 
running 323° \1 to a point on the north 
shore 35° 21' 31" N - 76° 07' 56" W; 

(6) Cunning Harbor tributaries, north of a 
line beginning at a point on the east shore 
35° 20 r 40" N - 76° 12' 15" W; running 
280° M to a point on the west shore 35' 
20' 42" N - 76° 12' 37" VV; 

(7) Juniper Bay: 

(A) Upper Juniper Bay, north of a line be- 
ginning at a point on the east shore 35° 
23' 09" N - 76° 15' 00" VV; running 277° 
(M) to a point on the west shore 35° 23' 
09" N - 76 : 15' 12" W; 

(B) Rattlesnake Creek, west of a line be- 
ginning at a point on the north shore 35° 
22' 55" N - 76° 15' 19" VV, running 211° 
(\I) to a point on the south shore 35° 22' 
50" N - 76° 15' 21" W; 

(C) Buck Creek, cast of a line beginning at 
a point on the south shore 35° 21' 22" N 

- 76° 13' 46" W; running 328° \1 to a 
point on the north shore 35° 21' 29" N - 
76° 13'54"\V; 

(D) I aurel Creek, east of a line beginning 
at a point on the north shore 35° 20' 38" 
N - 76° 13' 21" W; running 170° (M) to a 
point on the south shore 35° 20' 36" N - 
76° 13' 22" W; 

(8) Swanquarter Bay: 

(A) Oyster Creek, east of a line beginning 
at a point on the north shore 35° 23' 06" 
N - 76° 18' 58" W; running 187° (M) to 
a point on the south shore 35° 22' 00" N 

- 76° 18' 58" W; 

(B) Upper Swanquarter Bay, north of a line 
beginning on the east shore and running 
270° (M) through Day Marker No. 7 to 
the west shore; 

(C) Caffee Bay: 



(i) Unnamed tributary, north of a line 
beginning at a point on the west shore 
35° 22' 09" N - 76° 18' 52" W; running 
111° (M) to a point on the cast shore 
35° 22' 06" N - 76= 18' 45" W; 

(ii) Upper Caffee Bay (Haulovcr), east 
of a line beginning at a point on the 
south shore 35° 21' 43" N - 76° 17' 25" 
\Y; runnins 330° M to a point on the 
north shore 35° 21' 52" N - 76° 17' 26" 
VV and west of a line at Juniper Bay 
beginning on the south shore 35° 21' 
58" N - 76° 15' 36" W; running 008° M 
to a point on the north shore 35° 22' 
05" N - 76° 15' 35" W; 

(iii) Unnamed tributary, north of a line 
besinnine at a point on the cast shore 
35° 22' 05" N - 76° IS' 12" VV; running 
288° M to a point on the west shore 35° 
22' 09" N - 76° 18' 28" W; 
(9) Rose Bay: 

(A) Rose Bay. north of a line beginning at 
a point on Watch Point 35° 26 r 52" N -- 
76° 25' 02" VV; running 272° (M) to 
Channel Marker No. 6; thence 248° (M) 
to a point on the west shore 35° 26' 40" 
N - 76° 25' 30" VV; 

(B) Island Point Creek, west of a line bc- 
ginning at a point on the north shore 35° 
25 59" N - 76 r 25' 06" VV; running 154° 
(M) to a point on the south shore 35° 25' 
54" N - 76° 25' 00" VV; 

(C) Tooley Creek, west of a line beginning 
on the north shore 35° 25' 26" N -- 76° 
25' 30" VV; running 187° (M) to a point 
on the south shore 35° 25' 09" N -- 76° 
25' 30" VV; 

(D) Broad Creek, cast of a line beginning 
at a point on the south shore 35° 23' 54" 
N - 76° 23' 34" VV; running 023° M to a 
point 35° 24' 15" N - 76° 26' 10" VV; 
thence 080° to a point 35° 24' 18" N - 76° 
25' 57" VV; 

(E) Lightwood Snag Bay, west and north 
of a line beginning at a point on the south 
shore 35° 23' 54" N - 76° 26' 18" W run- 
nine 023° (M) to a point 35° 24' 15" N - 
76° 26' 10" W; thence 080° (M) to a point 
35° 24' 18" N - 76° 25' 57" W; 

(F) Deep Bay 

(i) Old Haulovcr, north of a line begin- 
ning at a point on the west shore 35° 
23' 09" N - 76° 22' 52" VV: running 101° 
(M) to a point on the cast shore 35° 
23' 09" N - 76° 22'46"W; 

(ii) Drum Cove (Stinking Creek), south 
of a line beginning at a point on the 
west shore 35° 22' 32" N - 76° 24' 44" 



US 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



VV; running 122° (M) to a point on the 
cast shore 35° 22' 26" N - 76° 24' 28" 
W; 
(G) Pastern tributaries (Cedar Hammock 
and Long Creek), cast of a line beginning 
at a point on the north shore 35° 24' 53" 
N - 76° 23' 12" W; running 206° (M) to a 
point on the south shore 35° 24' 39" N - 
76° 23' IS" W; 
( 10) Spencer Bay: 

(A) Gcrmantown Hay: 

(i) Ditch Creek, west of a line beginning 
at a point on the north shore 35° 24' 
11" N - 76° 27' 54" W; running 224° 
(M) to a point on the south shore 35° 
24' 05" N - 76° 27' 59" VV; 

(ii) Jcnettc Creek, west of a line begin- 
ning at a point on the north shore 35° 
24' 30" N - 76° 27' 40" W; running 204° 
(M) to a point on the south shore 35° 
24' 25" N - 76° 27' 40" W; 

(iii) I Ieadwaters at northeast of a line 
beginning at a point on the northwest 
shore 35° 24' 50" N - 76° 27' 16" W; 
running 158° (M) to a point on the 
southeast shore 35° 24' 30" N - 76° 27' 
11" VV; 

(iv) Swan ("reek, southeast of a line be- 
ginning at a point on the north shore 
35° 24' 30" N - 76° 27' 11" \V; running 
234° (M) to a point on the south shore 
35° 24' 24" N - 76° 27' 17" VV; 

(B) Unnamed western tributary, west of a 
line beginning at a point on the south 
shore 35° 22' 48" N - 76° 28' 19" VV; 
running 356° (M) to a point on the north 
shore 35° 22' 59" N - 76° 28' 21" VV; 

(C) Unnamed tributary, west of a line be- 
ginning at a point on the south shore 35° 
23' 04" N - 76° 28' 36" VV; running 016° 
(M) to a point on the north shore 35° 23' 
08" N - 76° 28' 35" W; 

(D) Unnamed tributary, west of a line be- 
ginning on the south shore 35° 23' 21" N 
- 76° 28' 37" W; running 306° (M) to a 
point on the north shore 35° 23' 25" N - 
76° 28' 46" VV; 

(E) Unnamed tributaries, northwest of a 
line beginning at a point on the north 
shore 35° 23' 45" N - 76° 28' 38" VV; run- 
ning 231° (Mj to a point on the south 
shore 35° 23' 30" N - 76° 28' 48" VV; 

(F) Upper Spencer Bay, northwest of a line 
beginning at a point on the south shore 
35° 24' 00" N - 76° 28' 48" VV; running 
028° (M) to a point on the north shore 
35° 24' 23" N - 76° 28' 36" VV; 



(G) Swan Creek, cast of a line beginning 
at a point on the south shore 35° 23' 51" 
N - 76° 27' 26" W; running 018° (M) to a 
point on the north shore 35° 24' 02" N - 
76° 27' 25" W; 

(11) Long Creek, north of a line beginning at 
a point on the west shore 35° 22' 26" N - 
76° 29' 00" VV; running 119° (M) to a 
point on the cast shore 35° 22' 21" N - 76° 
28' 49" VV; 

(12) Willow Creek, east of a line beginning at 
a point on the north shore 35° 23' 06" N 

- 76° 28' 54" VV; running 137° (M) to a 
point on the south shore 35° 23' 01" N - 
76° 28' 45" W; 

(13) Abels Bay, above a line beginning at a 
point on the west shore 35° 24' 04" N — 
76° 30' 24" VV; running 132° (M) to a 
point on the cast shore 35° 23' 57" N — 
76° 30' 09" VV; thence 204° (M) to a point 
on the south shore 35° 23' 40" N -- 76° 
30' 14" VV; 

(14) Crooked Creek, north of a line beginning 
at a point on the east shore 35° 24' 21" N 

- 76° 32' 04" VV; running 282° (M) to a 
point on the west shore 35° 24' 27" N - 
76° 32' 14" VV. 

(c) In the Pungo River Area. 
(1) I ortescue Creek: 

(A) Headwaters of Fortescuc Creek, south- 
east of a line beginning at a point on the 
southwest shore ^35° 25' 26" N - 76° 30' 
42" W; running 060° (M) to a point on the 
northeast shore 35° 25' 30" N - 76° 30' 
33" VV; 

(B) Warner Creek, north of a line from a 
point on the east shore 35° 26' 18" N — 
76° 31' 30" W; running 262° (M) to a 
point on the west shore 35° 26' 16" N — 
76° 31' 36" W; 

(C) Island Creek, north of a line beginning 
at a point on the west shore 35° 26' 04" 
N - 76° 32' 22" W; running 093° (M) to 
a point on the cast shore 35° 26' 06" N — 
76° 32' 18" VV; 

(D) Dixon Creek, south of a line beginning 
at a point above Lupton Point 35° 25' 34" 
N - 76° 31' 54" W; running 279° (M) to 
a point on the west shore 35° 25' 35" N 

- 76° 31' 44" VV; 

(E) Pasture Creek, north of a line beginning 
at a point on the east shore 35° 26' 00" N 

- 76° 31' 54" VV; running 277° (M) to a 
point above Pasture Point 35° 26' 00" N 

- 76° 31' 57" W; 

(F) All tributaries on the northeast shore 
of lower I'ortescue Creek, northeast of a 
line beginning at a point 35° 26' 05" N — 



NORTH CAROLINA REGISTER 



119 



PROPOSED RULES 



76° 21' 12" W; running 135° (M) to a 
point 35° 25' 36" N -- 76° 30' 36" N; 

(2) Sladc Creek: 

(A) Sladc Creek, south of a line beginning 
at a point above Jones Creek 35° 27' 56" 
N - 76 30' 44" W; running 102° (M) to 
a point on the north shore 35° 27' 54" N 

- 76° 30' 33" VV. 

(B) Jarvis Creek, northeast of a line begin- 
ning at a point on the southeastern shore 
35° 28' 14" N -- 76° 30' 51" W; running 
325° (\1) to a point 35° 28' 15" N -- 76° 
30' 56" W; 

(C) Jones Creek, south of a line beginning 
at a point on the cast shore 35° 27' 56" N 

- 76° 30' 53" W; running 331° (M) to a 
point on the west shore 35° 28' 00" N -- 
76= 30' 57" VV; 

(D) Becky Creek, north of a line beginning 
at a point on the cast shore 35° 28' 42" N 
-- 76° 31' 37" W; running 277° (M) to a 
point on the west shore 35° 28' 42" N -- 
76° 31'40'W; 

(E) Neal Creek, north of a line beginning 
at a point on the cast shore 35° 28' 49" N 
-- 76° 31' 49" W; running 275° (M) to a 
point on the west shore 35° 28' 48" N -- 
76° 31' 54" VV; 

(F) Wood Creek, north of a line beginning 
at a point on the east shore 35° 28' 38" N 

- 76 c 32' 22" YV; running 277° (M) to a 
point on the west shore 35° 28' 38" N -- 
76° 32' 30" VV; 

(G) Spellman Creek, north of a line begin- 
ning at a point on the cast shore 35° 28' 
14" N - 76° 32' 42" W; running 215° (M) 
to a point on the west shore 35° 28' 13" 
N - 76° 32' 44" VV; 

(II) Spccr Creek, east of a line beginning 
at a point on the north shore 35° 27' 58" 
N - 76° 32' 24" VV; running 207° (M) to 
a point on the south shore 35° 27' 55" N 

- 76° 32' 24" W; 

(1) Church Creek and Specr Gut, cast of a 
line beginning at a point on the northeast 
shore 35° 27' 35" N -- 76° 32' 46" VV; 
running 228° (M) to a point on the 
southwest shore 35° 27' 33" N -- 76° 32' 
52" VV; 

(J) Allison and Focman Creek, south of a 
line beginning at a point on Parmalee 
Point 35° 27' 15" N -- 76° 33' 07" W; 
running 286° (M) to a point on the 
southwest shore 35° 27' 18" N -- 76° 33' 
12" W; 

(3) Flax Pond, west of a line beginning at a 
point on the south shore 35° 31' 52" N - 
76° 33' 15" VV; running 009° (M) to a 



point on the north shore 35° 31' 56" N - 
76° 33' 15" VV; 

(4) Battalina and Tooleys Creeks, northwest 
of a line beginning at a point on the north 
shore 35° 32' 21" N - 76° 36' 12" VV; run- 
ning 226° (M) to a point on the south 
shore 35° 32' 02" N - 76° 36' 24" W; 

(5) Pungo Creek. Vales Creek, north of a 
line beginning at a point on the southwest 
shore 35° 30' 52" N - 76° 38' 54" VV; 
running 054° (M) to a point on the 
northeast shore 35° 31' 01" N - 76° 38' 
52" VV. 

(d) In the Pamlico River Area. 

(1) North Creek: 

(A) North Creek, north of a line beginning 
at a point on the west shore 35° 25' 35" 
N - 76° 40' 06" W; running 048° (M) to 
a point on the cast shore 35° 25' 40" N -- 
76° 40' 01" VV; 

(B) East Fork: 

(i) Northeast of a line beginning at a 
point on the northwest shore 35° 25' 
48" N - 76° 39' 04" VV; running 144° 
(M) to a point on the southeast shore 
35° 25' 43" N - 76° 39' 00" VV; 

(ii) Unnamed tributary of East Fork 
northwest of a line beginning at a point 
on the north shore 35° 25' 41" N - 76° 
39' 28" VV; running 215° (M) to a point 
on the south shore 35° 25' 37" N - 76° 
39' 30" VV; 

(C) Frying Pan Creek, cast of a line begin- 
ning at a point on Chambers Point 35° 
24' 51" N - 76° 39' 48" VV; running 051° 
(M) to a point on the north shore 35° 25' 
00" N - 76° 39' 33" VV; 

(D) Eittlc East Creek, west of a line begin- 
ning at a point on Cousin Point 35° 25' 
00" N - 76° 40' 26" VV; running 028° (M) 
to a point on the north shore 35° 25' 08" 
N - 76° 40' 22" VV; 

(2) Goose Creek: 

(A) Creek north of Bostic Point, west of a 
line beginning at a point on the north 
shore 35° 19' 57" N - 76° 37' 37" VV; 
running 179° (M) to a point on the south 
shore 35° 19' 54" N - 76° 37' 34" VV; 

(B) Upper Spring Creek: 

(i) Headwaters of Upper Spring Creek, 
east of a line beginning at a point on the 
north shore 35° 16' 20" N - 76° 35' 56" 
VV; running 139° (M) to a point on the 
south shore 35° 16' 14" N - 76° 35' 48" 
VV; 

(ii) Unnamed tributary, north of a line 
beginning at a point on the west shore 
35° 16' 50" N - 76° 36' 27" VV; running 



120 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



099° (\1) to a point on the cast shore 
35° 16' 50" N -- 76° 36' 24" W; 

(C) Lastham ('reek: 

(i) Slade landing Creek, south of a line 
beginning at a point on the west shore 
35° 17' 32" N -- 76° 35' 59" W; running 
139° (M) to a point on the cast shore 
35° 17' 29" N -- 76° 35' 54" W; 

(ii) Mallard Creek, north of a line begin- 
ning at a point on the west shore 35° 
]7'^49" N - 76° 36' 09" W; running 
122° (M) to a point on the east shore 
35° 17' 47" N -- 76° 36' 04" W; 

(D) Mud Gut, north and east of a line be- 
diming at a point on the south shore 35° 
17' 48" N - 76° 36' 46" W; running 349° 
(M) to a point on the north shore 35° 17' 
52" N - 76° 36' 48" W; 

(I!) Wilkcrson Creek, east of a line begin- 
ning at a point on the south shore 35° IS' 
20" N -- 76° 36' 44" VV; running 025° (M) 
to a point on the north shore 35° 18' 23" 
N -- 76° 36' 45" W; 

(L) Dixon Creek, east of a line beginning 
at a point on the north shore 35° 18' 53" 
N - 76° 36' 37" W; running 205° (M) to 
a point on the south shore 35 c 18' 37" N 
- 76° 36' 42" \V; 
(3) Oyster Creek; Middle Prong: 

(A) Oyster Creek: 

(i) West of a line beirinning at a point on 
the north shore 35° 19' 29" N - 76° 34' 
02" VV; running 166° (M) to a point on 
the south shore 35° 19' 25" N -- 76° 34' 
00" \V; 

(ii) Duck Creek, south of a line beginning 
at a point on the west shore 35° 19' 06" 
N - 76° 33' 18" VV; running 055° (M) 
to a point on the cast shore 35° 19' 10" 
N - 76° 33' 12" VV; 

(B) James Creek, southwest of a line bc- 
ginning at a point on the north shore 35° 
18' 36" N -- 76° 32' 20" VV; running 136° 
(M) to a point on the southeast shore 35° 
18' 28" N -- 76° 32' 05" W; 

(C) Middle Prong, south of a line begmning 
at a point on the west shore 35° 17' 50" 
N - 76° 32' 06" VV; running 141° (M) to 
a point on the cast shore 35° 17' 43" N -- 
76° 31' 57" W; 

(D) Clark Creek: 

(i) I leadwaters of Clark Creek, southeast 
of a line beginning at a point on the 
southwest shore 35° 18' 06" X -- 76° 31' 
12" VV; running 056° (M) to a point on 
the northeast shore 35° 18' 12" N -- 76° 
31' 06" VV; 



(ii) Boat Creek, east of a line beginning 
at a point of the south shore 35° 18' 24" 
N - 76° 31' 16" VV; running 358° (M) to 
a point on the north shore 35° 18' 32" 
N - 76° 31' 18" VV; 
(li) Clark Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
18' 1)6" N - 76° 31' 12" W; running 056° 
(M) to a point on the northeast shore 35° 
18' 12" N - 76° 31' 06" VV. 
(e) In the Western Pamlico Sound Area. 

( 1) Mouse Harbor: 

(A) Long Creek, north of a line beginning 
at a point on the west shore 35° 18' 26" 
N - 76° 29' 48" VV; running 070° (M) to 
a point on the east shore 35° 18' 30" N -- 
76° 29' 37" VV; 

(B) Small tributary cast of Long Creek, 
northeast of a line beginning at a point on 
the west shore 35° 18' 31" N - 76° 29' 
13" VV; running 137° (M) to a point on the 
cast shore 35° 18' 28" N - 76° 29' 10" 
VV; 

(C) Cedar Creek and adjacent tributary, 
south of a line beginning at a point on the 
west shore 35° 16' 54" N - 76° 29' 53" 
VV; running 136° (M) to a point on the 
cast shore 35 : 16' 39" N - 76 : 29' 31" VV; 

(2) Big Porpoise Bay, west of a line beginning 
at a point on the north shore 35 : 15' 44" 
N - 76° 29' 29" VV; running 154° (M) to 
a point on the south shore 35 : 15' 38" N 
- 76 : 29' 22" VV; 

(3) Middle Bay, west of a line beginning at a 
point on the south shore 35° 14' 22" N -- 
76° 31' 14" VV; running 055° (M) to a 
point on the north shore 35° 14' 36" N -- 
76° 30' 50" VV; 

Little Oyster Creek, north of a line begin- 
ning at a point on the west shore 35° 14' 
28" N - 76° 30' 14" W; running 074° (M) 
to a point on the east shore 35° 14' 35" 
N - 76° 29' 59" VV; 

(4) Jones Bay, west of the IWW: 

(A) I ittle Drum Creek Little Eve Creek, 
two small tributaries on the south shore 
at the mouth of Jones Bay, south of a line 
beginning at a point on the west shore 35° 
12 r 26" N - 76° 31' 46" VV; running 104° 
(M) to a point on the cast shore 35° 12' 
20" N - 76° 31' 16" VV; 

(B) Ditch Creek, south of a line beginning 
at a point on the west shore 35° 13 21" 
N - 76° 33' 40" VV; running 115° (M) to 
a point on the east shore 35° 13' 14" N -- 
76° 33' 14" VV; 

(C) Lambert Creek, west of a line beginning 
at a point on the south shore 35° 13' 49" 



NORTH CAROLINA REGISTER 



121 



PROPOSED RULES 



N - 76° 34' 20" W; running 016° (M) to a 
point on the north shore 35° 13' 50" N - 
76° 34' 19" W; 

(D) Headwaters of Jones Bay, (west of the 
I WW), west of a line beginning at a point 
on the south shore 35° 14' 25" N -- 76° 
35 26" W; running 009° (M) to a point 
on the north shore at 35° 14' 28" N -- 76° 
35' 26" W; 

(E) Bills Creek, north of a line beginning 
at a point on the west shore 35° 14' 29" 
N - 76° 34' 47" W; running 150° (\1) to a 
point on the east shore 35° 14' 26" N - 76° 
34' 43" W; 

(1 ) Doll Creek, north of a line beginning 
at a point on the west shore 35° 14' 20" 
N - 76° 34' 14" W; running 129° (\i) to 
a point on the cast shore 35° 14' 15" N -- 
76° 34' 04" W; 

(G) Drum Creek, north of a line beginning 
at a point on the west shore 35' 14' 10" 
N - 76 33' 17" W; running 116° (M) to 
a point on the east shore 35° 14' 08" N -- 
76° 33' 05" W; 
(f) In the Bay River Area: 

(1) Mason Creek, southeast of a line begin- 
ning at a point on the southwest shore 35° 
08' 10" N - 76° 41' 39" W; running 041° 
(M) to a point on the east shore 35° 08' 
15" N -- 76° 41 34" W; 

(2) Moore Creek, southeast of a line begin- 
ninn at a point on the southwest shore 35° 
08' 52" N - 76° 40' 18" W; running 032° 
(M) to a point on the north shore 35° 08' 
58" N -- 76° 40' 15" W; 

(3) Small tributaries from Bell Point to Ball 
Creek, southwest of a line beginning at a 
point on the northwest shore 35° 09' 57" 
N - 76° 39' 26" W; running 128° (M) to 
a point on the southeast shore 35° 09' 45" 
N -- 76° 38' 54" W; 

(4) Ball Creek-Cabin Creek, south of a line 
beginning at a point on the west shore 35° 
09 r 39" N - 76° 38' 01" W; running 116° 
(M) to a point on the east shore 35° 09' 
34" \ - 76° 37' 38" W; 

(5) Bonner Bay: 

(A) Riggs Creek, west of a line beginning 
at a point on the north shore 35° 09' 24" 
N - 76 r 36' 15" W; running 156° (M) to 
a point on the south shore 35° 09' 13" N 

- 76° 36' 07" W; 

(B) Spring Creek, west of a line beginning 
at a point on the north shore 35° 08' 29" 
N - lb' 36 13" W; running 165° (M) to 
a point on the south shore 35° 08' 20" N 

- 76° 36' 07" W; 



(C) Bryan Creek, south of a line beginning 
at a point on the west shore 35° 08' 22" 
N - 76° 35' 53" W; running 069° (M) to 
a point on the cast shore 35° 08' 25" N -- 
76° 35' 43" W; 

(D) Dipping Vat Creek, east of a line be- 
sanninu at a point on the north shore 35° 
09' 17" N - 76° 34' 21" W; running 164° 
(M) to a point on the south shore 35° 09' 
09" N - 76° 34' 18" W; 

(E) Long Creek, south of a line begim.ing 
at a point on the west shore 35° 08' 12" 
N - 76° 34' 38" W; running 098° (M) to 
a point on the east shore 35° 08' 12" N -- 
76° 34' 30" W; 

(F) Small tributary off Long Creek, west 
of a line beanninu at a point on the north 
shore 35° 08' 30" N - 76° 34' 42" W; 
running 164° (M) to a point on the south 
shore 35° 08' 24" N - 76° 34' 38" W; 

(6) Rock Hole Bay, northeast of a line be- 
ginning at a point on the west shore 35° 
11' 39" N - 76° 32' 36" W; running 150° 
(M) to a point on the east shore 35 ; 1 1 
16" N - 76° 32' 15" W; 

(7) Dump Creek, north of a line beginning 
at a point on the west shore 35° 11' 42" 
N - 76° 33' 27" W; running 057° (M) to 
a point on the east shore 35° 11' 48" N -- 
76° 33' 20" W; 

(S) Tributaries cast of [WW at Gales Creek, 
east of a line beginning at a point on the 
north shore of the northern tributary 35° 
12' 54" N - 76° 35' 29" W; running 158° 
(M) to a point on the south shore of the 
southern tributary 35° 12' 22" N -- 76° 35' 
06" W; 

(9) Gales Creek and adjacent tributary', west 
of a line beginning at a point on the north 
shore of Gales Creek 35° 12' 55" N - 76° 
35' 46" W; running 160° (M) to a point 
on the south shore of adjacent creek 35° 
12' 27" N - 76° 35' 25" W; 

(10) Chadwick Creek and No Jacket Creek, 
north of a line beginning at a point on the 
west shore 35° 11' 58" N - 76° 35' 56" 
W: running 079° (M) to a point on the 
cast shore 35° 12' 04" N - 76° 35' 33" W; 

(11) Bear Creek, north of a line beginning at 
a point on the west shore 35° 11' 35" N 
- 76° 36' 22" W; running 037° (M) to a 
point on the east shore 35° 11' 44" N -- 
76° 36' 15" W; 

(12) Little Bear Creek, north of a line begin- 
ning at a point on the west shore 35° 1 L 
06" N - 76° 36' 20" W; running 045° (M) 
to a point on the east shore 35° 11 16" 
N - 76° 36' 07" W; 



122 



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PROPOSED RULES 



(13) All small tributaries to Bay River from 
Petty Point to Sanders Point, closed at 
mouth; 

(14) In Vandcmcrc Creek: 

(A) Cedar ("reek, north of a line beginning 
at a point on the west shore 35° 11' 13" 
N - 76° 39' 36" W, running 078° (M) to a 
point on the east shore 35' 11' 14" N - 76° 
39' 33" W; 

(15) I ong Creek, cast of a line beginning at 
a point on the north shore 35' 1 1 ' 27" N 

- 76° 38' 49" W, running 177° (M) to a 
point on the south shore 35° 11' 23" N - 
76° 38' 48" W; 

(C) I ittle Vandcmere Creek, north of a line 
beizinniniz at a point on the west shore 35° 
12' 07" N - 76 3 39' 17" W; running 120° 
(M) to a point on the cast shore 35° 12' 
06" VV - 76° 39' 14" W; 

(15) Smith Creek, north of a line beginning 
at a point on the west shore 35° 10' 23" 
N - 76 40' 15" W; running 054° (M) to 
a point on the east shore 35° 10' 27" N -- 
76° 40' 13" VV; 

(16) Harper Creek, west of a line beginning 
at a point on the south shore 35" 09' 09" 
N - 76° 41' 54" W; running 024° (M) to 
a point on the north shore 35° 09' 15" N 

- 76° 41' 51" \V; 

(17) Chapel Creek, north of a line beginning 
at a point on the west shore 35° 08' 56" 
N - 76" 42' 52" VV; running 076° (M) to 
a point on the east shore 35° 08' 58" N -- 
76° 42' 48" W; 

(18) Swindell Hay, south of a line beginning 
at a point on the west shore 35° 08' 16" 
N - 76° 42' 57" W; running 135° (M) to 
a point on the east shore 35° 08' 13" N -- 
76° 42' 50" W. 

(g) In the Neuse River Area North Shore. 

(1) Swan Creek, west of a line beginning at 
a point on the north shore 35° 06' 46" N 

- 76° 33' 41" W; running 042° (M) to a 
point on the south shore 35° 06' 18" N -- 
76° 34' 02" W; 

(2) Broad Creek: 

(A) Greens Creek, east of a line beginning 
at a point on the north shore 35° 06' 05" 
N - 76° 35' 28" VV; running 154° (M) to 
a point on the south shore 35° 06' 00" N 
-- 76 : 35' 24" VV; 

(B) Pittman ("reek, north of a line begin- 
ninu at a point on the west shore 35° 05' 
48" N - 76° 36' 10" W; running 068° (M) 
to a point on the cast shore 35° 05' 54" 
N -- 76° 36' 02" W; 

(C) Burton Creek, west of a line beginning 
at a point on the south shore 35° 05' 37" 



N - 76° 36' 32" W; running 034° (M) to 
a point on the north shore 35° 05' 43" N 
-- 76° 36' 30" W; 

(D) All small tributaries on the north shore 
of Broad ("reek, north of a line beginning 
at a point on the west shore of the western 
most tributary 35° 05' 38" N - 76° 37' 
49" W; running 109° (M) to a point on the 
cast shore of the eastern most tributary 
35° 05' 27" N - 76° 36' 47" W; 

(E) Brown Creek, northwest of a line be- 
ginning at a point on the southwest shore 
35° 05' 30" N -- 76° 37' 51" VV; running 
032° (M) to a point on the northeast 
shore 35° 05' 37" N -- 76° 37' 48" VV; 

(I) Broad Creek including Gideon Creek, 
west of a line bcainning at a point on the 
south shore 35° 05' 18" N -- 76° 37' 49" 
VV; running 013° (M) to a point on the 
north shore 35° 05' 30" N -- 76° 37' 51" 
VV; 

(G) Tar Creek, south of a line beginning at 
a point on the west shore 35° 05' 15" N 
-- 76° 37' 36" VV; running 097° (M) to a 
point on the cast shore 35 3 05' 15" N -- 
76° 37' 30" VV; 

(II) Small tributaries east of far Creek, 
south of a line beginning at a point on the 
west shore of the western tributary 35° 05' 
18" N - 76° 37' 03" VV; running il)6° (M) 
to a point on the east shore of the eastern 
tributary 35° 05' 14" N - 76° 36' 27" VV; 

(I) Mill Creek and Cedar Creek, south of a 
line beginning at a point on the west shore 
of Mill Creek 35° 05' 26" N - 76° 36' 02" 
VV; running 109° (M) to a point on the 
cast shore of the eastern tributary 35° 05' 
22" N - 76° 35' 36" VV; 

(3) Orchard Creek north of a line beginning 
at a point on the west shore 35° 03' 21" 
N -- 76° 38' 26" VV; running 061° (M) to 
a point on the cast shore 35° 03' 37" N -- 
76° 37' 58" VV; 

(4) Pierce Creek, north of a line beginning 
at a point on the west shore 35° 02' 29" 
N - 76° 40' 07" VV; running 083° (M) to 
a point on the cast shore 35° 02' 31" N -- 
76° 40' 01" VV; 

(5) VVhittaker Creek, north of a line begin- 
ning at a point on the west shore 35° 01' 
37" N -- 76° 41' 12" VV; running 095 (M) 
to a point on the east shore 35° 01' 37" 
N - 76° 40' 58" VV; 

(6) Oriental: 

(A) Smith and Morns Creek, north of a line 
beginning at a point on the west shore 35° 
02 r 15" N -- 76 ; 42' 19" VV; running 096° 



NORTH CAROLINA REGISTER 



123 



PROPOSED RULES 



(M) to a point on the east shore 35' 02' 
16" N - 76° 42' 12" W; 

(B) Tributary off Smith Creek west, west 
of a line beginning at a point on the north 
shore 35° 02' 10" N - 76° 42' 19" VV; 
running 186° (M) to a point on the south 
shore 35° 02' 08" N -- 76° 42' 19" W; 

(C) Tributary off Smith Creek, east, east 
of a line beginning at a point on the south 
shore 35° 02' 06" N - 76° 42' 12" W; 
runnina 026° (M) to a point on the north 
shore 35° 02' 08" N -- 76° 42' 11" VV; 

(D) Creek west of Dewey Point, north of a 
line beginning at a point on the west shore 
35° 01' 34" N -- 76° 42' 35" VV; running 
049 (M) to a point on the west shore 35° 
01' 36" N - 76° 42' 32" W; 

(E) Two tributaries on the south shore of 
Greens Creek, south of a line beginning 
at a point on the west shore of the western 
creek 35° 01' 24" N - 76° 42' 49" W; 
running 110" (M) to a point on the east 
shore of the eastern creek 35° 01' 19" N 

- 76° 42' 27" W; 

(F) Greens Creek, west of a line beginning 
at a point on the north shore 35' 01' 34" 
N - 76 43' 02" W; running 154= (M) to 
a point on the south shore 35° 01' 28" N 

- 76° 42' 57" VV; 

(G) Kershaw Creek, north of a line begin- 
ning at a point on the west shore 35° 01' 
34" N - 76° 43' 02" VV; running 070° (M) 
to a point on the east shore 35' 01' 38" 
N -- 76° 42' 53" \V; 

(II) Windmill Point, southwest of a line 
beginning at a point on the northwest 
shore iS'" 01' 11" N -- 76= 42' 18" W; 
running 130" (M) to a point on the 
southeast shore 35° 01' 09" N - 76° 42' 
14" W. 

(7) Dawson Creek: 

(A) Unnamed eastern tributary of Dawson 
Creek, east of a line beginning at a point 
on the north shore 35' 00' 12" N - 76° 45' 
19" W; running 155' (M) to a point on 
the south shore 35 : 00' 07" N - 76° 45' 15" 
VV; 

(B) Unnamed tributary of Dawson Creek 
(at mouth), south of a line beginning at a 
point on the east shore 34' 59' 39" N - 76° 
45' 09' VV; running 256 c (M) to a point 
on the south shore 34 59' 38" N - 76' 45' 
14" W; 

(8) Beard Creek tributary, southeast of a line 
beginning at a point on the north shore 
35° 00' 17" N - 76° 51' 55" VV; runnmg 
214' (M) to a point on the southwest 
shore 35' 00' 12" N - 76' 51' 5S" VV; 



(h) In the Neusc River Area South Shore: 

(1) Clubfoot Creek, south of a line beginning 
at a point on the west shore 34" 52' 15" 
N - 76° 45' 48" VV; running 095° (M) to 
a point on the east shore 34° 52' 15" N — 
76° 45' 36" VV. 

(A) Mitchell Creek, west of a line beginning 
at a point on the south shore 34° 54' 15" 
N -- 76° 45' 51" VV; running 021° (M) to 
a point on the north shore 34° 54' 25" N 

- 76° 45' 4S" VV; 

(B) Gulden Creek, east of a line beginning 
at a point on the south shore 34° 54' 04" 
N - 76° 45' 31' VV; running 032° (M) to 
a point on the north shore 34' 54' 12" N 

- 76° 45' 29" VV; 

(2) Adams Creek: 

(A) Godfrey Creek, southwest of a line be- 
ginning at a point on the northwest shore 
34° 57' 18" N -- 76° 41' OS" VV; running 
151' (M) to a point on the south shore 
34° 57' 16" N - 76' 41' 05" VV; 

(B) Delamar Creek, southwest of a line be- 
ginning at a point on the northwest shore 
34° 57' 02" N - 76° 40 45" VV; running 
138° (M) to a point on the south shore 
34' 57' 00" N - 76' 40 43" VV; 

(C) Kellum Creek, west of a line beginning 
at a point on the north shore 34' 55' 2S" 
N - 76' 39' 50" VV; running 160' (M) to 
a point on the south shore 34' 55' 25" N 

- 76° 39' 50" VV; 

(D) Kearney Creek and unnamed tributary 
north, west of a line beginning at a point 
on the north shore of the north creek 34' 
55' 09" N - 76' 40' 00" VV; running 194° 
(M) to a point on the south shore of 
Kearnev Creek 34° 54' 58" N - 76° 40' 
01" VV; 

(F) Isaac Creek, southeast of a line begin- 
ning at a point on the west shore 34' 54 
16" N -- 76° 40' 07" VV; runnmg 102° (M) 
to a point on the east shore 34' 54' 15" 
N - 76° 40' 02" VV; 

(F) Back Creek, south of a line beginning 
at a point on the west shore 34' 54' 33" 
N - 76' 39 43" VV; running 059° (M) to 
a point on the east shore 34° 54' 38" N -- 
76° 39' 2,i" VV; 

(G) Cedar Creek, south of a line beginning 
at a point on the west shore 34' 55' 45" 
N - 76° 38' 38" VV; running 095° (M) to 
a point on the east shore 34° 55' 45" N -- 
76° 38' 32" VV; 

(II) Jonaquin Creek, north of a line begin- 
ning at a point on the west shore 34' 56' 
06" N - 76' 38' 32" VV; running 095' (M) 



124 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



to a point on the cast shore 34° 56' 06" 
N -- 76° 38' 30" W; 
(I) Dumpling ("reck, east of a line beginning 
at a point on the north shore 34° 56' 54" 
N -- 76° 39' 33" W; running 142° (M) to 
a point on the south shore 34° 56' 52" N 

- 76° 39' 31" W; 

(J) Sandy Huss Creek, north of a line be- 
ginning at a point on the west shore 34° 
57' 14" N -- 76° 39' 50" W; running 116° 
(M) to a point on the east shore 34° 57' 
10" N - 76° 39' 43" W; 

(3) Garbacon Creek, south of a line begin- 
ning at a point on the west shore 34° 59' 
00" N - 76° 38' 34" W; running 097° (M) 
to a point on the cast shore 34° 59' 00" 
N - 76° 38' 30" W; 

(4) South River: 

(A) Big Creek, southwest of a line begin- 
ning at a point on the northwest shore 34° 
56' 55" N - 76° 35' 22" W; running 160° 
(M) to a point on the southeast shore 35° 
56' 49" N - 76° 35' 16" W; 

(B) Horton Bay, north of a line beginning 
at a point on the west shore 34° 59' 08" 
N - 76° 34' 44" W; running 088° (M) to a 
point on the west shore 34° 59' 11" N - 
76° 34' 30" VV; 

(5) Brown Creek, south of a line beginning 
at a point on the west shore 34° 59' 51" 
N - 76° 33' 34" W; running 097° (M) to 
a point on the cast shore 34° 59' 51" N -- 
76° 33' 30" W; 

(6) Turnagain Bay: 

(A) Abraham Hay, west of a line beginning 
at a point on the north shore 35° 00' 09" 
N - 76° 30' 48" W; running 187° (M) to 
a point on the south shore 34" 59 50" N 

- 76° 30' 44" W; 

(B) Broad Creek and adjacent tributary, 
west of a line from a point on the north 
shore 34° 59' 11" N - 76° 30' 26" W; 
running 151° (M) to a point on the south 
shore 34° 58' 57" N - 76° 30' 08" W; 

(C) Mulberry Point Creek, Tump Creek 
and adjacent tributary, cast of a line be- 
ginning at a point on the north shore 35° 
00' 28" N - 76° 29' 47" W; running 166° 
(M) to a point on the south shore 34° 59' 
40" N - 76° 29' 23" VV; 

(D) Deep Gut, cast of a line beginning at a 
point on the north shore 34° 59' 35" N — 
76° 29' 03" W; running 156° (M) to a 
point on the south shore 34° 59' 28" N — 
76° 28' 58" W; 

(F) Big Gut, southeast of a line beginning 
at a point on the north shore 34° 59' 04" 
N - 76 : 28' 44" VV; running 219= (M) to a 



point on the south shore 34° 58' 55" N - 
76° 28' 44" W; 
(i) West Bay; Ixmg Bay Area: 

(1) Fur Creek and Henrys Creek, west of a 
line beginning at a point on the north 
shore 34° 56' 33" N - 76° 27' 42" W; 
running 156° (M) to a point on the south 
shore 34° 56' 23" N - 76° 27' 28" W; 

(2) Cadduggen Creek, west of a line begin- 
ning at a point on the north shore 34° 56' 
26" N - 76° 23' 59" W; running 143° (M) 
to a point on the south shore 34° 56' 17" 
N - 76° 23' 41" W. 

(j) Core Sound Area: 

(1) Cedar Island Bay, northwest of a line 
beginning at a point on the southwest 
shore 34° 59' 00" N - 76° 17' 58" VV; 
running 038° (M) through Beacon No. 6 
to a point on the northeast shore 34° 59' 
45" N - 76° 17'25"W; 

(2) Lewis Creek, north of a line beginning at 
a point on the west shore 34° 56' 56" N 

- 76° 16' 54" W; running 097° (M) to a 
point on the east shore 34° 56' 56" N -- 
76° 16' 51" VV; 

(3) Thorofare Bay: 

(A) Tributary off upper Thorofare Bay, 
southwest of a line beginning at a point 
on the northwest shore 34" 55' 27" N -- 
76° 21' 28" VV; running 132° (M) to a 
point on the southeast shore 34° 55' 22" 
N - 76° 21' 16" VV; 

(B) Barn's Bay, west of a line beginning 
at a point on the north shore 34° 54' 30" 
N - 76° 20' 48" VV; running 155° (M) to 
a point on the south shore 34° 54' 24" N 

- 76° 20' 35" VV; 

(4) Nelson Bay: 

(A) Willis Creek and Fulchcrs Creek, west 
of a line beginning at a point on the north 
shore of Willis Creek 34° 51' 06" N - 76° 
24' 36" VV; running 194° (\1) to a point 
on the south shore of Fulchers Creek 34° 
50' 11" N - 76° 24' 54" VV; 

(B) Lewis Creek, west of a line beginning 
at a point on the south shore 34° 51' 44" 
N - 76° 24' 40" VV; running 011° (M) to 
a point on the north shore 34° 51' 54" N 

- 76° 24' 39" VV; 

(5) Cedar Creek between Sea Level and 
Atlantic, west of a line beginning at a 
point on the south shore 34° 52' 00" N -- 
76° 22' 44" VV; running 007° (M) to a 
point on the north shore 34° 52' 03" N -- 
76° 22' 44" VV; 

(6) Oyster Creek, northwest of the Highway 
70 bridge; 

(7) Jarretts Bay Area: 



NORTH CAROLINA REGISTER 



125 



PROPOSED RULES 



(A) Smyrna Crcck, northwest of the High- 
way 70 bridge; 

(B) Ditch (rove and adjacent tributary, cast 
of a line beginning at a point on the north 
shore 34° 48' 00" N - 76° 28' 26" W; run- 
ning 017° (M) to a point on the south 
shore 34° 47' 35" N - 76° 28' 30" VV; 

(C) Broad Creek, north of a line beginning 
at a point on the west shore 34° 47' 53" 
N - 76° 29' 18" W; running 081° (M) to 
a point on the cast shore 34° 47' 58" N - 
76° 28' 59" W; 

(D) I lowland Creek, northwest of a lone 
beginning at a point on the southwest 
shore 34° 47' 21" N - 76° 29' 53" W; run- 
ning 050° (M) to a point on the northeast 
shore 34° 47' 26" N - 76° 29' 47" W; 

(F) Great Creek, southeast of a line begin- 
ning at a point on the southwest shore 34° 
47' 08" N - 76° 29' 12" W; running 053° 
(M) to a point on the northeast shore 34° 
47' 17" N - 76° 29' 02" W; 

(F) Williston Creek, northwest of the 
Highway 70 bridge; 

(G) Wade Crcck, northwest of a line be- 
ginning at a point on the south shore 34° 
46' 10" N - 76° 30' 22" W; running 042° 
(\1) to a point on the north shore 34° 46' 
17" N - 76° 30' 17" VV; 

(11) Jump Run. north of a line beginning 
at a point on the west shore 34° 45' 31" 
N - 76° 30' 26" VV; running 097° (M) to 
a point on the west shore 34° 45' 31" N 

- 76° 30' 21" VV; 

(I) Middens Crcck, west of a line beginning 
at a point on the south shore 34° 45' 23" 
N - 76° 30' 59" VV; running 007° (M) to 
a point on the north shore 34° 45' 29" N 

- 76° 30' 59" W; 

(J) Tusk Creek, northwest of a line begin- 
ning at a point on the southwest shore 34° 
44' 37" N - 76° 30' 47" W; running 033° 
(M) to a point on the north shore 34° 44' 
48" N - 76° 30' 38" VV; 

(K) Creek west of Bells Island, west of a 
Line beginning at a point on the north 
shore 34° 43' 56" N - 76° 30' 26" W; 
running 161° (M) to a point on the south 
shore 34° 43' 46" N - 76° 30' 23" VV. 
(k) Straits, North River, Newport River Area. 
(1) Straits: 

(A) Sleepy Creek, north of a line beginning 
at a point on the west shore 34° 43' 21" 
N - 76° 31 32" VV; running 096° (M) to 
a point on the cast shore 34° 43' 21" N -- 
76° 31' 20" VV; 

( B ) VVhitehurst Creek, north of a line from 
a point on the west shore 34° 43' 28" N 



- 76° 33' 22" VV; running 072° (M) to a 
point on the east shore 34° 43' 33" N -- 
76° 33' 13" VV; 

(2) North River, north of Highway 70 bridge: 

(A) Ward Creek, north of Highway 70 
bridge: 

(i) North leopard Creek, southeast of a 
line beginning at a point on the south- 
west shore 34° 45' 57" N - 76° 34' 27" 
VV; running 055° (M) to a point on the 
northeast shore 34° 46' 01" N - 76° 34' 
19" VV; 

(ii) South leopard Creek, southeast of a 
line beginning at a point on the south- 
west shore 34° 45' 29" N - 76° 34' 47" 
W; running 057° (M) to a point on the 
northeast shore 34° 45' 33" N - 76° 34' 
40" VV; 

(B) Turner Creek (Gibbs Creek), west of a 
line beginning at a point on the south 
shore 34° 43' 23" N - 76° 37' 43" VV; 
running 012° (M) to a point on the north 
shore 34° 43' 30" N - 76° 37' 40" VV; 

(3) Newport River, west of a line beginning 
at a point at I^awton Point 34° 45' 41" N 
. 76° 44' 03" VV; running 356° (M) to a 
point on the north shore 34° 46' 34" N - 
76° 44' 18" VV; 

(A) Russel Creek, north of a line beginning 
at a point on the west shore 34° 45' 36" 
N - 76° 39' 47" VV; running 097° (M) to 
a point on the east shore 34° 45' 35" N — 
76° 39' 46" VV; 

(B) Ware Creek, northeast of a line begin- 
ning at a point on the northwest shore 34° 
46' 28" N - 76° 40' 30" VV; running 153° 
(M) to a point on the southeast shore 34° 
46' 23" N - 76° 40' 27" VV; 

(C) Bell Creek, northeast of a line begin- 
ning at a point on the northwest shore 34° 
47' 19" N - 76° 40' 58" W; running 166° 
(\1) to a point on the southeast shore 34° 
47' 02" N - 76° 40' 56" VV; 

(D) Fastman Creek, east of a line beginning 
at a point on the north shore 34° 47' 57" 
N - 76° 41' 04" VV; running 184° (M) to 
a point on the south shore 34° 47' 47" N 
.. 76° 41' 04" VV; 

(E) Oyster Creek, north of a line beginning 
at a point on the west shore 34° 46' 32" 
N - 76° 42' 32" VV; running 080° (M) to 
a point on the east shore 34° 46' 37" N -- 
76° 42' 14" VV; 

(F) Harlow Creek, north of a line beginning 
at a point on the west shore 34° 46' 41" 
N - 76° 43' 28" VV; running 060° (M) to 
a point on the northeast shore 34° 46' 50" 
N - 76° 43' 15" W; 



126 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(G) Calico Creek, west of a line beginning 
at a point on the north shore 34° 43' 42" 
N - 76° 43' 11" W; running 208° (M) to 
a point on the south shore 34° 43' 37" N 
-- 76° 43' 13" W; 

(II) Crab Point Bay, northwest of a line 
beginning at a point on the southwest 
shore 34° 44' 03" N -- 76° 43' 09" YV; 
running 047° (M) to a point on the 
northeast shore 34° 44' 08" N -- 76° 43' 
05" W. 
(1) Boguc Sound; Bogue Inlet Area: 

(1) Gales Creek, above the Highway 24 
bridge; 

(2) Broad Creek, above the Highway 24 
bridge; 

(3) Goose Creek, north of a line beginning 
at a point on the west shore 34° 41' 46" 
N -- 77° 00' 45" W; running 070° (M) to 
a point on the east shore 34° 41' 51" N -- 
77° 00' 32" VV; 

(4) Archer Creek, west of a line beginning at 
a point on the north shore 34° 40' 27" N 

- 77° 00' 47" VV; running 186° (M) to a 
point on the south shore 34° 40' 22" N — 
77° 00' 47" YV; 

(5) White Oak River, north of a line begin- 
ning at a point on the west shore 34° 45' 
27" N -- 77° 07' 39" W; running 095° (M) 
to a point on the east shore 34° 45' 27" 
N - 77° 07' 07" W; 

(A) Pettiford Creek, east of a line beginning 
at a point on the north shore 34° 42' 51" 
N -- 77° 05' 24" W; running 175° (M) to 
a point on the south shore 34° 42' 37" N 

- 77° 05' 20" YV. 

(B) Holland Mill Creek, west of a line be- 
ginning at a point on the north shore 34° 
43' 49" N - 77° 11' 58" YV; running 184° 
(M) to a point on the south shore 34° 43' 
38" N - 77° 11' 58" W. 

(6) Hawkins Creek, north of a line beginning 
at a point on the west shore 34° 41' 06" 
N - 77° 07' 44" W; running 085° (M) to a 
point on the east shore 34° 41' 07" N - 77° 
07' 35" W. 

(7) Queen's Creek, north of country road 
number 1509 bridge: 

(A) Dick's Creek, west of a line beginning 
at a point on the south shore 34° 39' 55" 
N - 77° 09' 21" W; running 338° (M) to 
a point on the north shore 34° 39' 58" N 

- 77° 09' 21" W; 

(B) Parrot Swamp, west of a line beginning 
at a point on the south shore 34° 40' 22" 
N - 77° 09' 39" VV; running 333° (M) to 
a point on the north shore 34° 40' 36" N 

- 77° 09' 48" VV; 



(C) Hall's Creek, east of a line beginning 
at a point on the south shore 34° 41' 00" 
N - 77° 09' 42" VV; running 337° (M) to 
a point on the north shore 34° 41' 06" N 

- 77° 09' 44" W; 

(8) Bear Creek, west of Willis landing, 
(m) New River Area: 

(1) Sallicrs Bay area, all waters north and 
northwest of the I WW beginning at a 
point on Cedar Point 34° 32 r 48" N - 77° 
19' 14" VV to Beacon No. 58 34° 37' 56" 
N - 77° 12' 20" VV including Howard Bay, 
Mile Hammock Bay, Salhers Bay, and 
Freeman Creek; 

(2) New River Inlet area (including Hellgate 
Creek and Ward's Channel), all waters 
south of the IWW from Beacon No. 65 
34° 32' 41" N - 77° 18° 57" VV to Beacon 
No. 15 34° 31' 03" N - 77° 22' 18" VV, 
excluding the marked New River Inlet 
Channel; 

(3) New River: 

(A) Trap's Bay, northeast of a line begin- 
ning at a point on the east shore 34° 33' 
47" N - 77° 20' 25" VV running 317° (M) 
to a point on the west shore 34° 34' 07" 
N - 77° 20' 59" W; 

(B) Courthouse Bay: 

(i) Tributary of Courthouse Bay, south- 
cast of a line beginning at a point on 
Harvey's Point 34° 34' "59" N - 77° 22' 
25" W; running 066° (M) to a point on 
the east shore 34° 35' 05" N - 77° 22' 
11" W; 

(ii) Tributary of Courthouse Bay, north- 
west of a line beginning at a point on 
the west shore 34° 35' 02" N - 77° 22' 
40" VV; running 057° (M) to a point on 
the east shore 34° 35' 10" N - 77° 22' 
31" W; 

(iii) Rufus Creek, east of a line beginning 
at a point on Wilkcn's Bluff 34° 34' 19" 
N - 77° 21' 41" W; running 002° (M) 
to a point on the north shore 34° 34' 
27" N - 77° 21' 41" W; 

(C) Wheeler Creek, south of a line begin- 
ning at a point on Povertv Point 34° 34' 
04" N - 77° 23' 15" VV; running 267° (M) 
to a point on the west shore 34° 34' 03" 
N - 77° 23' 26" W; 

(D) Tannic Creek, west of a line beginning 
at a point on the south shore 34° 34' 07" 
N - 77° 23' 35" W; running 333° (M) to 
a point on the north shore 34° 34' 08" N 

- 77° 23' 40" W; 

(E) Snead's Creek, northwest of a line be- 
ginning at a point on the east shore 34° 
35' 19" N - 77° 23' 31" VV; running 219° 



NORTH CAROLINA REGISTER 



127 



PROPOSED RULES 



(M) to a point on the west shore 34° 35' 
17" N -- IT 23' 34" YV; 

(F) 1 vercttc Creek, south of a line begin- 
ning at a point on the cast shore 34° 34' 
13" N - 77° 24' 44" YV; running 273° (M) 
to a point on the west shore 34° 34' 12 
\ - 77° 24' 49" W; 

(G) Stone's Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34" 36 r 34" N - 77° 26' 51" \V; running 
3(11" (M) to a point on the northwest 
shore 34" 36' 37" N - 77° 26' 52" W; 

(II) Muddy Creek, north of a line beginning 
at a point on the west shore 34° 36' 52" 
N - 77° 26' 38" W; running 087° (M) to 
a point on the east shore 34° 36' 52" N -- 
77° 26' 37" W: 

(I) Mill Creek, north of a line beginning at 
a point on the west shore 34° 37' 11" N 

- 77° 25' 47" W; running 109° (M| to a 
point on the east shore 34' 37' 11" N -- 
77° 25' 37" W; 

(J) Whitchurst Creek, west and south of a 
line beginning at a point on the south 
shore 34° 38' 04" N - 77° 22' 37" W; 
running 2S0° (M) to a point on the north 
shore 34° 38' 04" N - 77= 22' 38" YV; 

(K) Town Creek, west of a line beginning 
at a point on the south shore 34° 39' 34" 
N - 77° 23' 06" YV; running 007° (M) to 
a point on the north shore 34° 39' 37" N 

- 77° 23' 06" YV; 

(L) Lewis Creek, southwest of a line be- 
ginning at a point on the southeast shore 
34° 40' 56" N - 77° 24' 56" W; running 
301° (M) to a point on the northwest 
shore 34 : 40' 55" N - 77° 24' 58" YV; 

(M) Northeast Creek, east of a line begin- 
ning at a point on the south shore 34° 43' 
23" N - 77° 23' 35" YV; running 316° (M) 
to a point at the mouth of Scale's Creek 
34= 43' 46" N - 77= 24' 06" YV; 

(N) Southwest Creek, southwest of a line 
beginning at a point on the east shore 34° 
41' 30" N - 77 r 25' 20" YV; running 328° 
(M) to a point on the north shore 34° 41' 
50" N - 77 : 25' 40" W; 

(O) Upper New River, north of a line be- 
ginning at a point on Mum ford Point 34° 
43' 15" N -- 77° 25' 00" \V; running 271° 
(M) througli Beacon No. 53 to a point 
on the west shore 34 : 43 14" N - 77° 25' 
49" W; 
(4) Chadwick Bay, all waters between a line 
beginning at a point on Roses Point 34° 
32 r 12" N - 77° 22' 19" YV; running 075° 
(Ml to Marker No. 6 and the [WW: 



(A) Fullard Creek (including Charles 
Creek), northwest of a line beginning at a 
point on the south shore 34° 32' 03" N -- 
77° 22' 41" W; running 326° (M) to a 
point on the north shore 34° 32' 12" N -- 
77° 22' 50" YV; 

(B) Bump's Creek, north of a line begin- 
ning at a point on the west shore 34° 32' 
19" N - 77° 22' 29" YV; running 035° (M) 
to a point on the cast shore 34° 32' 28" 
N - 77= 22' 23" W. 

(n) Stump Sound Area. 
Stump Sound, all waters north and south of 
IWW from Beacon No. 15 34° 31' 03" N - 77° 
22' 17" W; to Marker No. 78 34° 25' 23" N - 77° 
34' 12" YV; except 100 feet of either side of the 
IWW from Beacon No. 49 at Morris landing to 
Marker No. 78 at the mouth of Beckys Creek 
and except the dredged canals at Old Settler's 
Beach and the dredged channel from the [WW 
north of Marker No. 57 to the Old Settler's 
Beach Canals. 

(o) Topsail Sound Area; 

(1) Virginia Creek, all waters northwest of a 
line beginning on the southwest shore at 
a point near the mouth 34° 24' 48" N - 
77° 35' 38" YV; running 056' (M) 700 
yards to a point 34" 25' 02" N - 77° 35' 
19" W; thence running 074 : (M) 1900 
yards and intersecting the nursery area line 
at Becky's Creek at "a point 34° 25' 24" 
N - 77= 34' 16" YV, with the exception of 
the natural channel as marked by the 
North Carolina Division of Marine 
Fisheries; 

(2) Old Topsail Creek, all waters northwest 
of a line beginning at a point on the 
southwest shore 34° 21' 33" N - 77° 40' 
37" YV running 065° (M) to a point on the 
northeast shore 34° 21' 43" N - 77° 40' 14" 
YV, with the exception of the dredged 
channel as marked by the North Carolina 
Division of Marine Fisheries; 

(3) Topsail Sound, all waters enclosed within 
a line starting at beacon "BC" 34 : 24' 35" 
N - 77= 35' 43" YV; running 174= (M) to 
a point 34= 23 58" N - 77= 35' 33" YV; 
running 235° (M) to a point 34= 21' 14" 
N - 77= 39' 18" YV; running 300= (M) to 
Marker No. 16 34= 21' 32" N - 77° 40' 
15' YY'; running 056= (M) back to point 
of origin; 

(4) Mallard Bav Area, all waters northwest 
of the IYY'W from Beacon No. 93 34= 23' 
54" N - 77° 36' 43" YV; to Beacon No. 96 
34= 22' 34" N - 77° 38' 48" YV. 

(p) Middle Sound Area: 



128 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



( 1 ) I loward Channel and I ong Point Chan- 
nel area, all waters southeast of the I WW 
from Beacon No. 98 34° 21' 33" N -- 77° 
40' 32" W to a point on the north side of 
the Figure 8 Island Marina Channel 34° 
16' 28" N -- 77° 45' 35" W [with the ex- 
ception of Howard Channel from the 
[WW to New Topsail Inlet, Green 
Channel from Marker No. 105 to Rich's 
Inlet, Butler's Creek (L'tley's Channel) 
from the I WW, north of Marker No. 1 12, 
to Nixon's Channel, and Nixon's Channel 
from IWW to Rich's Inlet; Tributaries to 
above named channels will remain 
closed.]; 

(2) I'utch Creek, northwest of a line begin- 
ning at a point on the north shore of 
Porter's Neck 34' 18' 00" N - 77° 44' 33" 
W; running 064° (M) to a point on 
Baldcagle Point 34° 18' 09" N - 77° 44' 
22" W; 

(3) Page's Creek, northwest of a line begin- 
ning at a point on the north shore 34° 16' 
46" N - 77° 46' 42" W; running 229" (M) 
to a point on the south shore 34° 16' 38" 
N - 77° 46' 51" W; 

(4) All waters bound on the north by the 
Figure Bight Island Causeway, on the cast 
by Mason's Channel, on the south by 
Mason's Inlet Channel and on the west 
by the Intracoastal Waterway, with the 
exception of Mason's Channel. 

(q) Greenville Sound Area: 

( 1 ) Shell Island area, all waters east of the 
IWW from Marker No. 123 34° 14 52" 
N - 77° 47' 00" W to a point on the north 
shore of Old Moore Inlet Channel 34° 13' 
56" N - 77° 47' 48" W; 

(2) Howe Creek (Moore's Creek), northwest 
of a line beginning at a point on the south 
shore 34° 14' 42" N - 77° 47' 26" W; 
running 030° (M) to a point on the north 
shore 34° 14' 53" N - 77° 47' 13" W; 

(3) Bradley Creek, west of Highway 17, 74 
and 76 bridge; 

(4) Wrightsville Beach area, all waters in an 
area enclosed by a line beginning at a 
point across the I WAV from the mouth of 
Bradley Creek 34° 12' 21 " N - 77° 49' 08" 
W, running 091° (M) to a point (near the 
Borrow Pit) 34° 12' 22" N - 77° 48' 32" 
W, running 144° (M) to a point 34° 11' 
56" N - if 48' 19" W. running 224° (M) 
to a point 34° 11' 20" N - 77° 49' 05" W; 
running 306° (M) to a point 34' 11' 30" 
N - 77 D 49' 31" W; running 024° (M) back 
to point of origin. 

(r) Masonboro Sound Area: 



(1) Masonboro— Myrtle Grove Sound area 
(west sidc)--all waters west northwest of 
the IWW beginning at a point at the 
mouth of Bradley Creek 34° 12' 23" N - 
77° 49' 14" W; to Beacon No. 161 34° 03' 
32" N - 77° 53' 22" W; 

(2) Masonboro-Myrtle Grove Sound area 
(east side) - all waters south and southeast 
of a line beginning at a point on the north 
end of Masonboro Island 34° 11' 06" N - 
77° 48' 5i" \V; running 301° (M) to a 
point near IWW Marker No. 129 34° 11' 
22" N - 77° 49' 36" W; thence running 
along the cast side of the IWW to Marker 
No. 161 34° 03' 32" N - 77° 53' 22" W; 
(with the exception of Old Masonboro 
Channel and Carolina Beach Inlet Chan- 
nel). 

(s) Cape Fear River Area: 

(1) Cape Fear River, all waters north of a line 
beginning at a point on the east shore 34° 
10' 25" N - 77° 57' 03" W; running 275° 
(M) through Beacon No. 53 to a point 
on the west shore 34° 10' 25" N - 77° 57' 
46" W, and all waters north of a line be- 
ginning at a point on the cast shore 34° 
04' 38" N - 77° 55' 28" W; running 275° 
(M) through Beacon No. 37 to a point 
on the west shore 34° 04' 38" N - 77° 
56' 31" W, with the exception of 300 yards 
east and west of the main shipping chan- 
nel up to Beacon No. 53 (mouth of 
Brunswick River); 

(2) The Basin (Ft. Fisher area), east of a line 
beginning at a point on the north shore 
33° 57' \7" N - 77° 56' 08" W: running 
156° (M) to a point on the south shore 
33° 57' 04" N - 77° 56' 07" W; 

(3) Walden Creek, northwest of county road 
No. 1528 bridge; 

(4) Baldhead Island Creeks: 

(A) Baldhead Creek, southeast of a line 
beginning at a point on the south shore 
33° 51' 42" N - 77° 59' 10" W; running 
070° (M) to a point on the north shore 
33° 52' 07" N - 77° 59' 06" W; 

(B) Cape Creek, southeast of a line begin- 
ning at a point on the south shore 33° 51' 
39" N - 77° 58' 28" W; running 026° (M) 
to a point on the north shore 33° 52' 05" 
N - 77° 58' 23" W; 

(C) Bluff Island Creek (Fast Beach Creek), 
south of a line beginning at a point on the 
west shore 33° 52' 39" N - 77° 58' 11" 
W; running 092° (M) to a point on the 
cast shore 33° 52' 40" N - 77° 58' 07" W; 

(D) Deep Creek, south of a line from a 
point on the southwest shore 33° 52' 42" 



NORTH CAROLINA REGISTER 



129 



PROPOSED RULES 



N - 77° 58' 05" W; running 046° (M) to 
a point on the northeast shore 33° 52' 46" 
N - 77° 58' 01" W; 

(5) Dutchman Creek, north of a line begin- 
ning at a point on the east shore 33° 55' 
07" N -- 78° 02' 39" VV; running 294° (M) 
to a point on the west shore 33° 55' 08" 
\ .. 78° 02' 44" VV; 

(6) Denis Creek, west of a line beginning at 
a point on the south shore 33° 55' 00" N 
- 78° 03 32" VV; running 006° (M) to a 
point on the north shore 33° 55' 02" N -- 
78° 03' 32" VV; 

(7) Piney Point Creek, west of a line begin- 
ning at a point on the south shore 33° 54' 
32" N -- 78° 03' 32" VV; running 007° (M) 
to a point on the north shore 33° 54' 37" 
N -- 78° 03' 31" VV; 

(8) Molasses. Coward and Smokehouse 
Creeks, all waters bound by the IWW and 
the I'li/abeth River on the north and east, 
the Oak Island Coast Guard canal on the 
east. Oak Island on the south and the CP 
and 1 Discharge canal on the west; 

(9) Oak Island area, all waters north and 
south of the IWW from Marker No. 9 33° 
55' 12 N -- 78° 03' 49" VV; to Beacon No. 
IS 33 £ 55' 45" N -- 78= 10' 17 VV. 

(t) Lockwoods lolly Inlet Area: 

( 1 ) Davis Creek and Davis Canal, east of a 
line beginning at a point on the north 
shore 33° 55 r 13" N - 78 J 10 43" VV; 
running 198° (M) to a point on the south 
shore 33° 54' 59" N - 7S : 10' 43" VV; 

(2) Lockwoods Folly River, north of a line 
beginning at a point on the east shore 33° 
56" 35" N - 78° 12' 47" VV; running 268° 
(M) to a point on the west shore 33° 56' 
34" N - 78° 13' 24" VV; 

Spring Creek (Galloway Plats area), all 
waters northwest of a line beginning at a 
point on the south shore 33° 55' 31" N -- 
78° 13' 4S" VV; running 040° (M) to a 
point on the north shore 33° 55' 41" N -- 
78° 13' 42" VV. 
(u) Shallotte Inlet Area: 

(1) Shallotte River, north of a line beginning 
at a point on Bill Holdcn's Landing 33" 
55 52" N -- 78° 22' 07" VV; running 024° 
(M) to a point on Gibbins Point 33° 56' 
20" N - 7S C 21' 54" VV; 

(2) Shallotte River, excluding Gibbs Creek, 
north of a line beginning at I ong Point 
33' 54' 20" N - 78° 21' 42" VV; running 
312" (M) to a point on Sage Island 33° 54' 
37" N - 78' 22 06" VV; east of a line be- 
ginning at Sage Island running 026° (M) 
to a point 33° 55' 06" N - 7S°~22' 09" VV, 



and south of a line beginning at the pre- 
vious point running 081° (M) to a point 
on the shore 33 55' 18" N - 78° 21' 35" 
VV. 

(3) Shallotte Creek (Little Shallotte River) 
east of a line beginning at a point on Shell 
landing 33° 55 r 44" N - 78° 21' 40" VV; 
running 159° (M) to a point on Boone's 
Neck Point 33° 55' 35" N - 78° 21' 34" 
VV; 

(4) Saucepan Creek, northwest of a line be- 
ginning at a point on the east shore 
(mouth of Old Mill Creek) 33° 54' 56" N 

- 78° 23' 28" VV; running 182° (M) to a 
point on the west shore 33° 54' 41" N -- 
78° 23' 28" VV; 

(5) Old Channel area, all waters south of the 
IWW from Beacon No. 83 M 54' 16" N 

- 78° 23' 17" VV; to Ocean Isle Beach 
bridge 33° 53' 44" N - 78° 26' 22" VV; ex- 
cept the dredged finger canals at Ocean 
Isle Beach located on the south side of the 
IWW between the Ocean Isle Beach 
Bridge and IWW Marker No. 90. 

(v) Little River Inlet Area: 

(1) Ciause Landing area, all waters north of 
the IWW from Beacon No. 90 33° 53' 53" 
N - 78° 25' 37" VV to the South Carolina 
line; 

(2) Lastern Channel Area: 

(A) Necdhamholc Creek, north of a line 
beginning at a point on the cast shore 33° 
53' 19" N - 78° 26' 48" VV; running 274° 
(M) to a point on the west shore 33° 53' 
19" N - 78° 26' 51" VV; 

(B) Springbranch Creek, north of a line 
beginning at a point on the cast shore 33° 
53' 14" N - 78° 27' 17" VV; running 250° 
(M) to a point on the west shore 33° 53' 
13" N - 78° 27' 21" VV; 

(C) Goldmine Creek, north of a line be- 
ginning at a point on the cast shore 33° 
53' 13" N - 78° 27' 33" VV; running 260° 
(M) to a point on the west shore 33'" 53' 
13" N - 78° 27' 36" VV; 

(D) Clam Creek, north of a line beginning 
at a point on the cast shore 33° 53' 12" N 
-- 78° 27' 55" VV: running 219° (M) to a 
point on the west shore 33° 53' 10" N -- 
78° 27' 55" VV; 

(L) Sol's Creek, all waters north of a line 
beginning at a point on the cast shore 33° 
53' 02" N - 78° 28' 08" VV; running 224° 
(M) to a point on the west shore 33° 53' 
00" N - 78° 28' 12" VV; and all waters 
south of a line beginning at a point on the 
east shore of Sols Creek 33° 53' 22" N - 
78° 28' 10" VV: running 252° (M) to a 



130 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



point on the west shore 33° 53' 21" N — 
78° 28' 14" W; 

(I ; ) Ilorscford Creek, north of a line begin- 
ning at a point on the east shore 33° 52' 
53" N -- 78° 28' 24" W; running 279° (M) 
to a point on the west shore 33° 52' 53" 
N -- 78° 2S' 29" W; 

(G) Still Creek, all waters north of a line 
beginning at a point on the cast shore, 33° 
52' 53" N -- 78° 28' 44" W; running 254° 
(M) to a point on the west shore 33° 52' 
51" X -- 78° 28' 48" W; and all waters 
south of a line beginning at a point on the 
cast shore of Still Creek, 33° 53' 15" N -- 
78° 29' 02" W; running 270° (M) to a 
point on the west shore 33° 53' 15" N -- 
78° 29' 05" W; 

(II) Cootcr Creek, north of a line beginning 
at a point on the east shore 33° 52' 52" N 
- 78° 29' 46" W; running 288° (M) to a 
point on the west shore 33° 52' 53" N -- 
78° 29' 49" W; 

(3) The Big Narrows Area: 

(A) Big Teaguc Creek, west of a line be- 
ginning at a point on the south shore 33° 
52' 46" N -- 78° 29' 59" W; running 343° 
(M) to a point on the north shore 33° 52' 
47" N - 78° 30' 01" VV; 

(B) Little league Creek, west of a line be- 
ginning at a point on the south shore 33° 
52' 54" N -- 78° 30' 09" W; running 306° 
(M) to a point on the north shore 33° 52' 
54" N - 78° 30' 10" W; 

(C) Big Norge Creek, south of a line be- 
ginning at a point on the west shore 33° 
52' 50" N - 78° 30' 39" W; running 076° 
(M) to a point on the east shore 33° 52' 
51" N - 78° 30' 36" W; 

(4) Mad Inlet area, all waters south of the 
I WW from the Sunset Beach bridge 33° 
52' 52" N - 78° 30' 42" W to the South 
Carolina line with the exception of 
Bonaparte Creek; 

(5) Calabash River, cast of state road No. 
1164 bridge. 

Statutory Authority (7.5. 113-134; 113-182; 
143B-289.4. 

.0010 PERMANENT SECONDARY NLRSERY 
AREAS 

(a) In the Pamlico Sound Area: 
(1) Long Shoal River - north of a line be- 
ginning at a point on Pains Point 35° 35' 
07" N - 75° 51' 25" W, running 282° (M) 
to a point on the west shore at the 5th 
Avenue Canal 35° 35' 12" N - 75° 53' 16" 
VV; 



(2) Pains Bay - cast of a line beginning at a 
point on the south shore 35° 34' 28" N - 
75° 50' 58" W, running 350° (M) to a 
point on the north shore 35° 35' 04" N - 
75° 51' 12" W; 

(3) Wysocking Bay - north and west of a line 
beginning at Benson Point 35° 22' 58" N 
- 76° 03^ 39" W, running 058" (M) to 
Long Point 35° 24' 37" N - 76° 01' 19" 
W; 

(4) Juniper Bay-Cunning Harbor - north of 
a line beginning at a point on the west 
shore of Juniper Bay 35° 20' 34" N - 76° 
15' 28" W, running 105° (M) through 
Juniper Bay Point to a point on the east 
shore of Cunning Harbor 35° 20' 15" N - 
76° 12' 23" W; 

(5) Swanquarter Bay - north of a line begin- 
ning at a point at The Narrows 35° 20' 54" 
N - 76° 20' 38" W, running 080° (M) to a 
point on the east shore 35° 21' 31" N - 76° 
18' 22" W; 

(6) Deep Cove- The Narrows - north and east 
of a line beginning at a point on the west 
shore 35° 20' 54" N - 76' 23' 52" W, run- 
ning 122° (M) to a point on the cast shore 
35°~20' 34" N - 76= 22' 57" W, and west 
of a line at The Narrows beginning at a 
point on the north shore 35° 20' 54" N - 
76° 20' 38" W, running 175° (M) to a 
point on the south shore 35° 20' 44" N - 
76° 20' 35"; 

(7) Rose Bay - north of a line beginning at a 
point on the west shore 35° 23' 17" N - 
76° 26' 10" W. running 144° (M) to a 
point on Judith Island 35° 22' 29" N - 76° 
25' 15" W; 

(8) Spencer Bay - west and north of a line 
beginning at a point on Willow Point 35° 
22 r 22" N - 76° 27' 52" W, running 065° 
(M) to a point i5° 23' 17" N - 76° 26' 10" 
W; 

(9) Able Bay - north and east of a line be- 
ginning at a point on the west shore 35° 
23' 36" N - 76° 31' 00" VV, running 130° 
(M) to a point on the cast shore 35° 23' 
00" N - 76° 29' 47" VV; 

(10) Mouse Harbor - west of a line beginning 
at a point on the south shore 35° 17' 13" 
N - 76° 28' 54" VV, running 352° (M) to a 
point on the north shore 35° IS' 19" N - 
76° 29' 06" VV; 

(11) Big Porpoise Bay - west of a line begin- 
ning at a point on the south shore 35° 14' 
57" N - 76° 28' 50" VV, running 042° (M) 
to a point on the north shore 35° 15' 41" 
N - 76° 28' 12" VV; 



NORTH CAROLINA REGISTER 



131 



PROPOSED RULES 



(12) Middle Bay - west of a line beginning at 
a point on the south shore 35° 13' 33" N 

- 76° 29' 36" W, running 022° (M) to a 
point on the north shore 35° 14' 45" N - 
76° 24' 44" W; 

(13) Jones Bay - west of a line beginning at a 
point on Boar Point 35° 12' 22" N - 76° 
31' 16" \V, running 011° (M) to a point 
on Mink Trap Point 35° 13' 27" N - 76° 
31' 08" W; 

( 14) In the Bay River Area: 

(A) Bonner Bay - south of a line beginning 
at a point on the west shore 35° 09' 36" 
N - 76° 36' 14" W, running 074° (M) to a 
point on the east shore 35° 09' 57" N - 76° 
35' 14" VV; 

(B) Gales Creek- Bear Creek (tributaries of 
Bay River) - north and west of a line be- 
ginning at a point on Sanders Point 35° 
11' 17" N - 76° 35' 54" W, running 067° 
(M) through Beacon No. 27 to a point 
on the east shore 35° 11' 54" N - 76° 34' 
17" W; 

(b) In the Pamlico River Area, Pamlico River, 
west of a line beginning at a point on Mauls 
Point 35° 26' 56" N - 76° 55' 33" W; running 073° 
(M) to a point on Ragged Point 35° 27' 33" N - 
76° 54' 21" YV: 

( 1 ) Pungo River: 

(A) Pungo Creek, west of a line beginning 
at a point on Persimmon Tree Point 35° 
31' 06" N - 76° 37' 49" W; running 241° 
(M) to a point on Windmill Point 35° 30' 
48" N - 76° 38' 18" VV; 

(B) Pungo River, North of a line beginning 
at a point on the east shore 35° 32' 05" N 

- 76° 28' 09" VV; running 277° (M) 
through Beacon No. 21 to a point on the 
west shore 35° 32' 12" N - 76° 29' 15" VV; 

(C) Scranton Creek, south and east of a line 
beginning at a point on the west shore 35° 
30' 37" N - 76° 28' 36" VV; running 085° 
(M) to a point on the cast shore 35° 30' 
39" N - 76° 28' 12" VV; 

(D) Slade Creek, east of a line beginning at 
a point on the south shore 35° 27' 39" N 

- 76° 32' 46" VV; running 328° (M) to a 
point on the north shore 35° 27' 52" N - 
76° 33' 00" VV; 

(E) Fortescue Creek, east of a line begin- 
ning at a point on the north shore 35° 25' 
55" N - 76° 31' 58" VV; running 195° (M) 
to a point on the south shore 35° 25' 36" 
N - 76° 32' 01" VV; 

(2) North Creek - north of a line beginning 
at a point on the west shore 35° 25' 24" 
N - 76° 40' 04" VV. running 120° (M) 



throutih Marker No. 4 to a point on the 
cast shore 35° 25' 16" N - 76° 40' 18" VV; 

(3) South Creek, west of a line beginning at 
a point on Hickory Point 35° 21' 44" N - 
76° 41' 37" VV; running 195° (M) to a 
point on fork Point 35° 20' 44" N - 76° 
41' 48" VV; 

(4) Bond Creek, Muddy Creek, south of a 
line beginning at a point on Fork Point 
35° 20'" 44" N - 76° 41' 48" VV; running 
135° (M) to a point on Gum Point 35° 
20' 32" N - 76° 41' 30" VV; 

(5) In the Goose Creek area: 

(A) Campbell Creek - west of a line begin- 
ning at a point on the south shore 35° 
17' 00" N - 76° 37' 06" VV. running 349° 
(M) to a point on the west shore 35° 17' 
19" N - 76° 37' 08" VV; 

(B) Pastham Creek - east of a line begin- 
ning at a point on the south shore 35° 17' 
36" N - 76° 36' 24" VV, running 327° (M) 
to a point on the north shore 35° 17' 44" 
N - 76° 36' 30" VV; 

(6) Oyster Creek-Middle Prong - southwest 
of a line beginning at a point on Cedar 
Island 35° lV 28" N - 76° 32' 14" VV, 
running 135° (M) to a point on Beard Is- 
land Point 35° 19' 10" N - 76° 31' 44" 
VV; 

(c) In the Neusc River Area: 

(1) 1 ower Broad Creek - northwest of a line 
beginning at a point on the northeast 
shore 35°" 05' 47" N - 76° 35' 25" VV, run- 
ning 228° (M) to a point on the southwest 
shore 35° 05' 34" N - 76° 35' 43" VV; 

(2) Greens Creek - above Highway 1308 
Bridge; 

(3) Dawson Creek - above Highway 1302 
Bridge; 

(4) Goose Creek, north and cast of a line 
beginning at a point on the south shore 
35° 02' OS" N - 76° 56' 02" VV; running 
331° (M) to a point on the north shore 
35° 02' 37" N - 76° 56' 27" VV; 

(5) Upper Broad Creek, northeast of a line 
beginning at a point on the north shore 
35° 03' 26" N - 76° 57' 14" VV; running 
153° (M) to a point on the south shore 
35° 02' 56" N - 76° 56' 49" VV; 

(6) Clubfoot Creek - south of a line begin- 
ning at a point on the cast shore 34° 54' 
29" N - 76° 45' 26" VV, running 284° (M) 
to a point on the west shore 34° 54' 33" 
N - 76~ 45 43" VV; 

(7) (In the Adams Creek Area) Cedar Creek 
- cast of a line beginning at a point on the 
south shore 34° 55' 52" N - 76° 38' 49" 
VV, running 004° (M) to a point on the 



132 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



north shore 34° 56' 05" N - 76° 38' 48" 
W. 

(d) Virginia Creek - all waters of the natural 
channel northwest of the primary nursery area 
line; 

(e) Old Topsail Creek - all waters of the 
dredged channel northwest of the primary nurs- 
ery area line; 

(f) Mill Creek - all waters west of a line begin- 
ning at a point on the south shore 34° 24' 17" N 
- 77° 42' 15" W, running 028° (M) to a point on 
the north shore 34° 20' 36" N - 77° 42' 06" W; 

(g) Pages Creek - all waters west of a line be- 
ginning at a point on the south shore 34° 15' 52" 
N - 77° 46' 18" W, running 044° (M) to a point 
on the north shore 34° 16' 09" N - 77° 46' 01" 
W; 

(h) Bradley Creek - all waters west of a line 
beginning on the south shore 34° 12' 23" N - 77° 
40- 14" \v, running 021° (M) to a point on the 
north shore 34' 12^38" N - 77° 49' 09" W. 

Statutory Authority G.S. 113-134; 113-182; 
I43B-2S9.4. 

.001 1 SPECIAL SECONDARY M RSERY 
AREAS 

(a) In the West Bay Area: 

(1) West Thorofarc Bay - south of a line be- 
ginning at a point on the west shore 34° 
57 22" N - 76° 24' 03" W, running 090° 
(M) through PL R "10WB" to a point 
on the cast shore 34° 57' 28" N - 76° 23' 
06" W; 

(2) Pong Bay- Ditch Bay - west of a line be- 
ginning at a point 34° 57' 52" N - 76° 26' 
37" W, running southwest 226° (M) to a 
point 34° 57' 13" N - 76° 27' 13" W, 
thence south of a line running southeast 
134° (M) to a point 34° 56' 46" N - 76° 
26' 26" W. 

(b) In the Core Sound Area: 

(1) Cedar Island Bay - northwest of a line 
beginning at a point near the telephone 
tower 34° 57' 49" N - 76° 16' 58" W, run- 
ning 049° (M) to a point at the gun club 
or "clubhouse" dock 34° 58' 43" N - 76° 
16' 00" W; 

(2) Thorofarc Bay-Barry Bay - northwest of 
a line beginning at a point on I lall Point 
34° 54' 25" N - 76° 19' 09" W, running 
046° (M) to a point at Rumlev Hammock 
34° 55' 27" N - 76° 18' 13" W; 

(3) Nelson Bay - northwest of a line beginning 
at a point on the west shore of Nelson 
Bay 34° 51' 08" N - 76° 24' 36" \V, and 
running 062° (M) through Beacon No. 1 



in Nelson Bav to a point on Drum Point 
34° 51' 36" N- 76° 23' 48" W; 

(4) Brett Bay - all waters north of a line be- 
ginning at Pincy Point 34° 49' 32" N - 76° 
25' 06" W; running 258° (M) to a point 
on the west shore 34° 49' 23" N - 76° 26' 
02" W; 

(5) Jarrctt Bay - north of a line beginning at 
a point east of Davis Island 34° 45' 46" N 
- 76° 28' 45" W, and running 266° (M) to 
a point on the west shore (site of Old 
Chimney) 34° 45' 31" N - 76° 30' 1)4" W. 

(c) In the North River area: 

(1) North River - north of a line beginning at 
a point on the west shore at the oyster 
house 34° 46' 28" N - 76° 37' 07" W, 
running 096° (M) to a point on the cast 
shore 34° 46' 30" N - 76° 35' 47" W; 

(2) Ward Creek - east of a line beginning on 
the north shore 34° 46' 13" N - 76° 34' 58" 
W, running 182° (M) to a point on the 
south shore 35° 45' 34" N - 76° 35' 00" 
W. 

(d) Cape Pear River - beginning at a point on 
the south side of the Spoil Island at the inter- 
section of the ICWW and the Cape Pear River 
ship channel 34° 01' 37" N - 77° 56' 05" W, run- 
ning 106° (M) to a point on the cast shore of the 
Cape Fear River 34° 01' 32" N - IT 55' 00" W, 
running south and bounded by the shoreline to 
a point near the Ferry Slip at Federal Point 33° 
57' 52" N - 77° 56' '28" W, running 353° (M) 
north to a point on Bird Island 3i° 58' 24" N - 
77° 56' 36" W, running 013° (M) back to point 
of origin. 

(c) Davis Creek - all waters east of a line be- 
ginning at a point on Oak Island 33° 54' 05" N - 
78° 12' 49" W, running 010° (M) to a point on 
Horse Island 33° 54' 57" N - 78° 12' 49" W and 
Davis Canal, all waters southeast of a line begin- 
ning at a point on a spoil island at the southwest 
intersection of the ICWW and Davis Canal 33° 
55' 23" N - 78° 11' 39" W, running 060° (M) 
across the mouth of Davis Canal to a point on 
Pinner Point 33° 55' 26" N - 78° 11' 38" W. 

(f) Pockwood Folly River - beginning at a 
point on Ho wells Point 33° 55' 21" N - 78° 12' 
47" W and running in a westerly direction along 
the ICWW to a point near ICWW Marker No. 
46 33° 55' 18" N - 78° 13' 54" W. 

(g) Saucepan Creek - all waters north of a line 
beginning at a point on the west shore 33° 54' 
36" N - 78° 22' 54" W, running 062° (M) to a 
point on the cast shore 33° 54 / "38" N - 78° 22' 
49" W. 

Statutory Authority G.S. 113-134; 113-182: 
I43B-289.4. 



NORTH CAROLINA REGISTER 



m 



PROPOSED RULES 



****************** 



ly otice is hereby given in accordance with G.S. 
1 508- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 SCAC WD .0004. 

1 he proposed effective date of this action is Au- 
gust 1. 1989. 



Th 



he public hearing will be conducted at 10:00 
a.m. on May 3. 1989 at Room 386, Archdale 
Building. 512 N. Salisbury Street. Raleigh, North 
Carolina. 

C omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
April IS, 19S9 to May IS. 1989. Such written 
comments must be delivered or mailed to the N.C. 
Wildlife Commission. 512 N. Salisbury St.. 
Raleigh. NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated 
herein, fishing on game lands which are open to 
fishing shall be in accordance with the statewide 
regulations. All game lands arc open to public 
fishing except restocked ponds on the New Hope 
Game Land when posted against fishing. Grogan 
Creek in Transylvania County, and in the case 
of private ponds where fishing may be prohibited 
by the owners thereof. No trotlinc or set-hook 
nor any net. trap, gig, bow and arrow or other 
special fishing device of a type mentioned in 15 
NCAC IOC .0403 may be used in any of the 
impounded waters located on the Sandhills 
Game Land. The game lands license is not re- 
quired to fish on the central and eastern game 
lands where there arc no designated public 
mountain trout waters. 

(b) Designated Public Mountain Trout Waters: 
(2) location. All waters located on the game 

lands listed below, except Cherokee Lake, 
Grogan Creek, and Nolichueky River »«4 
1 ake Powhatan, arc designated public 
mountain trout waters: 



Green River Game I. and in the Counties of 

Henderson and Polk 

Nantahala National Forest Game Lands in 

the Counties of Cherokee, Clay, Graham, 

Jackson, Macon. Swain and Transylvania 

Pisgah National Forest Game Lands in the 

Counties of Avery, Buncombe, Burke, 

Caldwell, Haywood, Henderson, 

Madison, McDowell, Mitchell, 

Transylvania and Yancey 

South Mountains Game land in Burke 

County 
Thurmond Chatham Game I^and in Wilkes 

County 
Toxaway Game Land in Transylvania 
County 
(4) Native Trout Waters. 

(B) Native Trout Regulations. Fxcept as 

otherwise provided in Part (C) of this 

Subparagraph, the following rules apply 

to fishing in native trout waters: 

(i) Open Season. 44*e general trout sea^ 

s+»« i* applicabl e , except m Slick Rock 

Creek »r4 h* Nantahala River &«4 4* 

tributaries upstream front Nuntahulu 

Lake There is a year-round open h» 

closed season for the licensed taking of 

trout. 

(ii) Creel limit. The daily creel limit is 

four trout, 
(iiij Size Limits. 'The minimum size is 
seven inches and the maximum size is 
ten inches, except that one trout in the 
creel may exceed ten inches. In Slick 
Rock Creek the minimum size is seven 
inches for brook trout and ten inches 
for brown and rainbow trout with no 
maximum size limits. 
(iv) Manner of Taking. Only artificial 
lures having only one single hook may 
be used. 



Statutory Authority G.S. 
1/3-272: 1/3-292: 113-305. 



113-/34: 1/3-264; 



****************** 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Dhision of Community Assist- 
ance intends to adopt rulcfsj cited as 15 SCAC 
13Q .0101 - .0104. .0201 - .0202, .0301 - .0304, 
.0401 - .0403, .0501 - .0503. .0601 - .0605. .0701 
- .0704. 



1 he proposed effectivt 
r/ / 1989 



A. /ic yr uywj\ 

gust 1. 1989. 



date 



of this action is A u- 



LU 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1 he public hearing will be conducted at 3:00 
p.m. on May 8, 1989 at Ground Floor Conference 
Room, Archdale Building, 512 N. Salisbury St., 
Raleigh, N.C. 

\^s omment Procedures: Comments may be pre- 
sented at the hearing or submitted by mail to: 
Cheerie Baker 
Division of Community Assistance 
P.O. Box 27687 
Raleigh, NC 27611-7687 

CHAPTER 13 - DIVISION OF COMMUNITY 
ASSISTANCE 

SUBCHAPTER I3Q - EMERGENCY SHELTER 
CRAMS PROGRAM ADMINISTRATIVE RILES 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE AND OBJECTIVES 

The purpose of the North Carolina Emergency 
Shelter Grants Program (hereinafter referred to 
as "ESGP") is to assist families and individuals 
who arc homeless primarily due to their eco- 
nomic circumstances. Consistent with this pur- 
pose, ESGP funds will assist local governments 
in improving the quality and availability of 
emergency shelters and sendees for the homeless 
in their community. 

Authority G.S. 143-323: 143B-10; I43B-276; P.L. 
100-628: 24 C.F.R. 575 and 576. 

.0102 DEFINITIONS 

The following terms shall apply to the rules of 
this Subchapter: 

(1) "Act" means the Stewart B. McKinncy 
Homeless Assistance Act, P.L. 100-77, as 
amended. 

(2) "Applicant" means a local government 
which makes an application pursuant to the 
provisions of this Subchapter. 

(3) "ESGP" means the state-administered 
Emergency Shelter Grants Program. 

(4) "Local Government" means any unit of 
general city or county government in the 
state. 

(5) "NRCD" means the North Carolina De- 
partment of Natural Resources and Com- 
munity Development. 

(6) "Recipient" means a local government that 
has been awarded an ESGP grant and has 
executed a Grant Agreement with NRCD. 

(7) "Secretary'" means the Secretary' of the 
Department of Natural Resources and 
Community Development or his designee. 



(8) "Shelter" means an individual facility with 
the capacity to provide overnight lodging 
whose purpose is to assist homeless persons 
through activities funded under this Sub- 
chapter. Eor purposes of this program, the 
term "shelter" excludes those facilities char- 
tered and intended to function primarily as 
foster care or similar children's facilities or 
as substance abuse rehabilitation centers. 

(9) "State" means the State of North Carolina. 

(10) "Subrecipicnt" means a nonprofit service- 
providing agency that a recipient contracts 
with to carry out services and activities 
funded under this Subchapter. 

(11) "Rehabilitation" means labor, materials, 
tools and other costs of improving buildings, 
including: 

(a) repair directed toward an accumulation of 
deferred maintenance; 

(b) replacement of principal fixtures and 
components of existing buildings; 

(c) installation of security devices; and 

(d) improvement through alterations and ad- 
ditions to or enhancement of existing 
buildings, including improvement to in- 
crease the efficient use of energy in 
buildings. 

(12) "Renovation" means rehabilitation that 
involves costs of 75 percent or less of the 
value of the building before rehabilitation. 

(13) "Major rehabilitation" means rehabili- 
tation that involves costs in excess of 75 
percent of the value of the building before 
rehabilitation. 

(14) "Obligated" means the recipient or subre- 
cipicnt has placed orders, awarded contracts, 
or performed similar transactions that re- 
quire payment from the ESGP grant 
amount. 

(15) "Expended" means purchases have been 
made, deliveries received, or costs incurred 
for goods and services to be paid with ESGP 
funds. 

Authority G.S. 143-323; 143B-I0; 24 C.F.R. 
576.3; P.L. 100-77. 

.0103 WAIVERS 

The Secretary may waive any requirements of 
this Subchapter not required by law whenever 
he determines that undue hardship to applicants, 
recipients or beneficiaries will result from apply- 
ing the requirements and where application of the 
requirements would adversely affect the purposes 
of the Act. 

Authority G.S. 143-323; I43B-I0; PL. 100-77; 
24 C.F.R. 576. 



NORTH CAROLINA REGISTER 



135 



PROPOSED RULES 



.01114 ELIGIBLE APPLICANTS 

Eligible applicants arc all local governments. 

Authority G.S. 143-323; 14311-10; 24 C.F.R. 
576.23. ' 

SECTION .0200 - ELIGIBLE VNTJ INELIGIBLE 

ACTIVITIES 

.0201 ELIGIBLE ACTIVITIES 

I his Subchapter, in accordance with G.S. 
150B- 14(c), adopts by reference as eligible activ- 
ities those Operations Services and Rehabili- 
tation activities described as such in 24 OR 
576.21(a) and in corresponding sections of the 
Act, as amended. Copies of these sections of 
federal law and regulation are available for public 
distribution from the Division of Community 
Assistance of NRCD. 

Authority G.S. 143-323; 143B-I0; 1 50B- 14; 24 
C.F.R. 576.21. 

.0202 INELIGIBLE ACTIVITIES 

This Subchapter, in accordance with G.S. 
150B- 14(c). adopts by reference as ineligible ac- 
tivities those activities described as such in the 
Act and in 24 CI R 576.21(c), as amended. 
Copies of these sections of federal law and regu- 
lation are available for public distribution from 
the Division of Community Assistance of 
NRCD. 

Authority G.S. 143-323: 143B-10; 1 50B- 14; 24 
C.F.R. 576.21. 

SEC! ION .0300 - GENERAL REQUIREMENTS 

.0301 VPPL1CATION RKQl IREMENTS 

(a) I ocal governments arc required to submit 
applications in a manner prescribed by NRCD 
in order to be considered for funding. Selection 
of applications for funding will be based prima- 
rily on information contained in the application, 
thus applications must provide sufficient infor- 
mation for NRCD to evaluate them. 

(b) Applicants may apply for more than one 
grant and be awarded more than one grant, pro- 
viding the total amount of funds awarded to a 
single shelter does not exceed the maximum lim- 
its described in Rule .0302 of this Section. 

(c) NRCD shall designate specific dates for 
submission of FSGP grant applications. Grant 
application submission dates will be announced 
by NRCD a minimum of 20 days before the date 
applications are due. 

id) Applications must be received by NRCD 
administrative offices in Raleigh before 5:00 p.m. 



on the submission date or, if sent by mail, must 
be postmarked on or before the submission date. 

(e) The applicant shall certify to NRCD that 
it will comply with all applicable federal and state 
laws, regulations, rules and executive orders. 

( 1 ) Copies of these federal and state docu- 
ments are available for public distnbution 
from the Division of Community Assist- 
ance of NRCD. 

(2) Notwithstanding the provisions of Para- 
graph (d) in this Rule, certifications of 
compliance may be postmarked or re- 
ceived by NRCD up to two weeks after 
the date the application is due. This pro- 
vision applies only to certifications. 

(f) Applicants must comply with the Act, all 
applicable federal and state laws, regulations, 
rules, executive orders and iiuidelincs issued bv 
NRCD. 

Authority G.S. 143-323; 143B-I0; 24 C.F.R. 
576.SI. ' 

.0302 SIZE OF GRAMS 

Grants are applied for and awarded in two cat- 
egories: Operations Services and Rehabilitation. 

( 1 ) Operations Services. The maximum 
amount which may be applied for and 
awarded in the Operations Services category 
depends on the size of the shelter on whose 
behalf the application is made. Shelter size 
shall be determined by overnight lodging 
capacity. Maximum awards per shelter are: 

(a) Twenty thousand dollars ($20,000) for a 
shelter with a capacity of 10 or fewer per- 
sons per niszht: 

(b) Thirty thousand dollars ($30,000) for a 
shelter with a capacity from 1 1 to 20 per- 
sons per night; 

(c) Forty thousand dollars ($40,000) for a 
shelter with a capacity of 21 to 30 persons 
per night: 

(d) fifty thousand dollars ($50,000) for a 
shelter with a capacity of 3 1 or more per- 
sons per night. 

(2) Rehabilitation. The maximum grant 
amount per shelter which may be applied for 
or awarded in the Rehabilitation category is 
forty live thousand dollars ($45,000). 

(3) The minimum grant which may be applied 
for or awarded in either of the above cate- 
gories is one thousand live hundred dollars 
($1,500). 

(4) Notwithstanding the provisions of Para- 
graphs (1) and (2) in this Rule. NRCD re- 
serves the right to award grants for less than 
the requested amount in the event that the 
total amount of funds requested exceeds the 



136 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



total amount of funds available; NRCD also 
reserves the right to award grants exceeding 
the amount requested if the total amount of 
funds requested is less than the total amount 
of funds available. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0303 DISTRIBUTION OF IT NDS 

A maximum of 25 percent of FSGP funds will 
be awarded to domestic violence shelters. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 576. 

.0304 REALLOCATION 

Any FSGP funds recaptured by NRCD, as 
provided for in Rule .0604 and Rule .0505 of this 
Subchapter will, if practicable, be added to the 
amount available for the next round of funding. 
If this is not feasible, the recaptured funds will 
be reallocated in a manner to be prescribed by 
NRCD. 



Authority G.S. 
576.61. 



143-323; I43B-I0; 24 C.F.R. 



SECTION .0400 - OPERATIONS/SERVICES 
CATEGORY 

.0401 DEFINITION 

The operations services category includes those 
eligible activities referenced in 24 CFR 576.21(a). 

Authority G.S. 143-323; I43B-10; 24 C.F.R. 
576.21(a)(2)(3). 

.0402 ELIGIBILITY REQUIREMENTS 

Applications for ESGP funds must be complete 
and show that: 

(1) The application was duly authorized by the 
local governing body, or that such authori- 
zation is imminent. 

(2) Grant funds will be expended by a shelter 
as defined in Rule .0102 of this Subchapter. 

(3) Funds will be expended within ISO days of 
the date of the grant award. 

(4) Funds used for the provision of essential 
services: 

(a) Total 20 percent or less of the entire 
Operations- Services grant amount and; 

(b) Are used to provide either a new service 
or a quantifiable increase in the level of 
service. 

(5) All federal requirements will be met, in- 
cluding: 

(a) Matching Resources - 24 CFR 576.71; 

(b) Nondiscrimination - 24 CFR 576.79(a). 



(6) The subrecipient must continue operation 
as an emergency shelter for at least one year 
after the date of the grant award. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 576. 

.0403 AWARDS 

All eligible applications received will be funded 
using a pro rata formula based on the total 
amount requested that is eligible for funding and 
the total amount available for distribution, in 
accordance with Rules .0302(1), (3) and (4), and 
.0303. 

Authority G.S. 143-323; 143B-I0; 24 C.F.R. 576. 

SECTION .0500 - REHABILITATION 
CATEGORY 

.0501 DEFINITION 

The rehabilitation category includes those eligi- 
ble activities referenced in Rule 24 CFR 

576.21(a). 



Authority G.S. 
576.21(a)(1). 



143- 



I43B-10; 24 C.F.R. 



.0502 ELIGIBILITY REQUIREMENTS 

Applications for Rehabilitation funds must 
show that: 

( 1 ) The application was duly authorized by the 
local governing body, or that such authori- 
zation is imminent. 

(2) All funds will be obligated within 180 days 
of the date of the grant award and expended 
within 360 days of the date of the grant 
award. 

(3) All federal requirements will be met, in- 
cluding: 

(a) Matching Resources - 24 CFR 576.71; 

(b) Continuation of Shelter - 24 CFR 576.73; 

(c) Nondiscrimination - 24 CFR 576.79(a). 

(4) No building to be assisted with ESGP funds 
is owned by a primarily religious organiza- 
tion, unless the requirements of 24 CFR 
576.21(c)(2) are met. 

(5) The grantee will comply with all applicable 
state and federal laws, regulations, guide- 
lines, and environmental reviews, pertaining 
to the use of federal funds in rehabilitation 
activities. 

(6) Priority will be given to nonenviron- 
mentally sensitive and noncontroversial 
projects. 

Authority G.S. 143-323; I43B-1Q; 24 C.F.R. 576. 

.0503 AWARDS 



NORTH CAROLINA REGISTER 



137 



PROPOSED RULES 



All eligible applieations received will be funded 
using a pro rata formula based on the total 
amount requested that is eligible for funding and 
the total amount available for distribution, in 
accordance with Rules .0302(2), (3), and (4), and 
.0303. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 576. 

SECTION .0600 - GRANT ADMINISTRATION 

.0601 GRANT AGREEMENT 

(a) Upon approval of the application by 
NRCD, a written grant agreement will be exe- 
cuted between the recipient and NRCD. The 
rules in this Subchapter, application guidelines, 
subsequent guidelines prepared by NRCD, the 
approved application, and any subsequent 
amendments to the approved application shall 
become a part of the grant agreement. 

(b) A copy of the grant agreement in its original 
form along with any and all modifications thereto 
shall be kept on file in the office of the recipient 
in accordance with Rule .0604 of this Section. 

(c) ESGP Program amendments. Recipients 
shall request prior NRCD approval for all 
amendments to the grant agreement when: 

( 1) The recipient proposes to change the ap- 
proved project budget amount for any of 
the three types of eligible activities as de- 
scribed in 24CFR 576.21(a). 

(2) The recipient proposes to distribute all or 

part of its grant(s) to programs, shelters, 

or agencies other than those originally 

approved in the application. 

(di NRCD reserves the right to disallow any 

proposed amendment to the grant agreement. 

Authority G.S. 143-323; I43B-10; 24 C.F.R. 
576.SI. 

.0602 METHOD OF ADMINISTRATION 

(a) Recipients may delegate to nonprofit sub- 
recipients the responsibility of undertaking or 
earning out ESGP activities pursuant to 24 CFR 
576.3 and 24 CFR 576.23. This does not pro- 
hibit the designation of an administering agency, 
so long as no ESGP funds are used for adminis- 
trative costs. 

(b) NRCD shall make payments of ESGP 
funds to recipients on a cost-reimbursement or 
cost-incurred basis. Recipients shall request 
pavment of ESGP funds in a manner prescribed 
by NRCD. 

(c) All payments of ESGP funds to recipients 
must be for costs incurred during the period of 
the grant. Recipients will not receive payment 



for costs incurred before the execution of the 
Grant Agreement. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 576. 

.0603 PROPERTY MANAGEMENT 
STANDARDS 

(a) Property acquired with ESGP grant funds 
shall be used to provide benefits to the homeless. 

(b) Recipients and subrecipients should use 
proceeds from the disposition of property ac- 
quired with ESGP funds in a manner which 
provides benefit to the homeless in their com- 
munity. 

Authority G.S. 143-323; I43B-I0; 24 C.F.R. 
576.SI. 

.0604 RKCORDKKKPING 

(a) NRCD, or any of NRCD's duly authorized 
representatives, shall have access to all books, 
accounts, records, reports, files, audits, and other 
papers or property of recipients or their subre- 
cipients and contractors pertaining to funds pro- 
vided under this Subchapter for the purpose of 
making surveys, audits, examinations, excerpts 
and transcripts. 

(b) Financial records, supporting documents 
and all other reports and records required under 
this Subchapter, and all other audits and records 
pertinent to the ESGP Program shall be retained 
by the recipient for a period of at least three years 
from the date of the closeout of the program, 
except that records shall be retained until all liti- 
gations, claims, or audit findings involving the 
records have been resolved. 

(c) All records shall be sufficient to determine 
compliance with the requirements and primary 
objectives of the ESGP Program and all other 
applicable laws and regulations. All accounting 
records shall be supported by source documen- 
tation. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 
5~6.87. 

.0605 GRANT CLOSKOLTS 

ESGP grants will be closed out by NRCD in 
the following circumstances: 

( 1 ) NRCD will initiate closeout procedures af- 
ter NRCD determines, in consultation with 
the recipient, that there are no impediments 
to closeout and that all ESGP funds have 
been expended. 

(2) Termination of grant for mutual conven- 
ience. Grant assistance provided under tliis 
Subchapter may be cancelled, in whole or in 
part, by NRCD or the recipient, prior to the 



US 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



completion of the approved ESGP Program, 
when both parties agree that the continua- 
tion of the program no longer is feasible or 
would not produce beneficial results 
commensurate with the further expenditure 
of funds. Termination of grant shall be in 
writing. 
(3) Termination for cause. The secretary may 
terminate the recipient's entire grant, or the 
remaining balance thereof, in accordance 
with Rule .0704 of this Subchapter. 



Authority G.S. J 43- 323; 
C.F.R. 576.81. 



1 43 B- 10; 159-34; 24 



SECTION .0700 - COMPLIANCE AND 
REPORTING REQUIREMENTS 

.0701 COMPLIANCE 

Recipients shall have responsibility for ensuring 
that ESGP funds arc expended as stated in their 
grant agreement and in conformance with all ap- 
plicable federal and state laws, regulations, and 
guidelines, regardless of whether activities are 
earned out by the recipient or a subrccipient. 
NRCD may prescribe procedures for ensuring 
compliance with the provisions of this Rule. 



Authority G.S. 

576.HI. ' 



143-323; I43B-I0; 24 C.F.R. 



.0702 REPORTING 

(a) NRCD may require recipients to provide 
interim performance reports in a form prescribed 
by NRCD. Recipients will be notified a mini- 
mum of 20 days before the report is due. 

(b) The recipient shall submit an Annual Per- 
formance Report to NRCD as part of closcout 
procedures. NRCD will be notify grantees of the 
date the Annual Performance Report is due. 
The Annual Performance Report shall be in a 
form prescribed by NRCD. 



Authority G.S. 
576.85. 



143-323; I43B-10; 24 C.F.R. 



.0703 MONITORING BY NRCD 

(a) The secretary may evaluate activities con- 
ducted under this Subchapter and their effective- 
ness in meeting the objectives of the ESGP 
program. 

(b) The secretary may conduct such evalu- 
ations using NRCD personnel, or by contract or 
other arrangement with public or private agen- 
cies. 



Authority G.S. 
576.89. 



143-323; I43B-I0; 24 C.F.R. 



.0704 REMEDIES 

When the secretary determines on the basis of 
a review of a recipient's performance that the 
objectives of an ESGP program described in the 
grant agreement have not been met, NRCD may 
take one or more of the following actions as ap- 
propriate: 

(1) Issue a warning letter that further failure to 
comply with such requirements will result in 
a more serious sanction; 

(2) Condition a future grant; 

(3) Direct the recipient to stop the incurring 
of costs with grant amounts; 

(4) Require that some or all of the grant 
amounts be remitted to NRCD; 

(5) Reduce the level of funds the recipient 
would otherwise be entitled to receive; or 

(6) Elect not to provide future grant funds to 
the recipient until appropriate actions arc 
taken to ensure compliance. 

Authority G.S. 143-323; I43B-10; 24 C.F.R. 
576.89. ' 



NORTH CAROLINA REGISTER 



139 



FINAL RULES 



LJ port request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 

/\. dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions of G.S. 150B, 
Article 2 requiring publication of proposed 
rules. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 



(II VPTER 3 



DIVISION OF MOTOR 
VEHICLES 



SI BCHAPTER 3G - TRAFFIC SAFETY 
EDUCATION SERVICES SECTION 

SECTION .0200 - SCHOOL BUS DRIVER 
TRAINING AND CERTIFICATION 

(1201 SCHOOL Bl S DRIVER TRAINING 
.(1202 REQI IREMENTS FOR CERTIFICATION 

History Note: Statutory Authority G.S. 
20-1; 20-2/8; 
Eff. July I. 1978; 
Amended Eff. February 1, 1982; 
Repealed Eff. April I. 1989. 

.0203 SCHOOL BUS DRIVER CERTIFICATES 
-SCOPE OF RULES 

The officials of the North Carolina Division of 
Motor Vehicles recognize the authority of the 
local school officials of the various county and 
city administrative units to select, assign, and 
dismiss school bus drivers. School officials of the 
various city and county administrative units may 
adopt rules and regulations which arc more re- 
strictive than those developed by the Division of 
Motor Vehicles, but such rules and regulations 
shall not weaken or liberalize the Rules and 
Regulations of the Division. These Rules and 
Regulations define the eligibility requirements for 
certification of school bus drivers as established 
by the Division of Motor Vehicles and set the 
standards of performance and conduct necessary 
to retain certification. 

History Mote: Statutory Authority G.S. 



20-39 fb); 20-218; 
Eff. April 1. 1989. 

.0204 DEFINITIONS OF WORDS AND 
PHRASES 

The following words and phrases when used in 
these Rules and Regulations shall, for the pur- 
poses of these Rules and Regulations, have the 
meanings respectively prescribed to them, except 
in those instances where the context clearly indi- 
cates a different meaning: 

(1) Conviction— A conviction upon a plea of 
guilty, or of nolo contendere; or the deter- 
mination of guilt by a jury or by a court 
though no sentence has been imposed or, if 
imposed, has been suspended, and it in- 
cludes a forfeiture of bail or collateral de- 
posited to secure appearance in court of the 
defendant, unless the forfeiture has been va- 
cated, and shall include prayer for judgment 
continued. 

(2) Driver Education Specialist or represen- 
tative -- An employee of the Division of 
Motor Vehicles whose job title it is and 
whose primary responsibility is the training 
and certification of school bus drivers. 

(3) Driving Privilege-- The privilege to operate 
a motor vehicle upon the highways of this 
state as evidenced by a Class A, IB, or C 
driver license issued by the Driver license 
Section of the North Carolina Division of 
Motor Vehicles. 

(4) Moving violation— Any violation of the 
motor vehicle laws of this state, except: 

(a) Those offenses for which no points may 
be assessed under the point system specif- 
ically set forth in General Statutes 
20- 16(c); 

(b) Those equipment violations specified in 
Part 9 of Article 3 of Chapter 20. 

(5) Proximate Cause of an Accident— Any vio- 
lation of the motor vehicle laws of this state 
which contributed directly to an accident. 
Some violations not involving actual phys- 
ical driving actions shall not be considered 
proximate causes although they may be as- 
sessed points under the point system specif- 
ically set forth in General Statutes 20- 16(c), 
including but not limited to: 

(a) No driver's license; 

(b) No liability insurance: 

(c) Failure to report an accident; 

(d) No motorcycle endorsement; etc. 

(6) School Bus—Any vehicle, of whatever size 
and passenger capacity, whose primary and 
designated purpose is the transportation of 
school students over an established route to 
and from school for the regularly scheduled 
school day and which is equipped with al- 



140 



NORTH CAROLINA REGISTER 



FINAL RULES 



tcrnatcly flashing red lights on the front and 
rear and a mechanical stop signal and whieh 
bears the words "School Bus" on the front 
and rear in letters not less than eight inches 
in height. 

(7) School Bus and Traffic Safety Section-- 
That section of the North Carolina Division 
of Motor Vehicles whose primary responsi- 
bility is the training and certification of 
school bus drivers. 

(S) Training Course for School Bus Drivers-- 
Thc course of study developed by the North 
Carolina Division of Motor Vehicles which 
sets forth the rules, regulations, and laws 
governing school bus drivers and school bus 
operation as prescribed by the Division of 
Motor Vehicles and the State Board of Ed- 
ucation. 

History Mote: Statutory Authority G.S. 
20-39 (b); 20-218; 

Eff. April I. 1989. 

.0205 ISSUING OF ORIGINAL CERTIFICATE 

Any applicant for certification as a school bus 
driver shall meet the following minimum re- 
quirements: 

(1) legal: 

(a) Shall possess a valid North Carolina driver 
license of Class A, B, or C. In the event 
a prospective driver shall have his place 
of residence in another state, he may be 
certified as a school bus driver if he sub- 
mits a copy of his driving record from the 
state in which he is licensed before his in- 
itial certification and every six months 
thereafter. 

(b) Shall within a period of one year (12 
months) immediately preceding certif- 
ication have on his driving record: 

(i) No more than one conviction of any 

moving violation; 
(ii) No conviction whatever of: 

(A) Reckless driving, 

(B) Speeding in excess of 15 mph above 
the posted limit, or 

(C) Passing a stopped school bus; 

(iii) No conviction of a moving violation 
which was the proximate cause of an ac- 
cident . 

(c) Shall within a period of two years (24 
months) immediately preceding certif- 
ication have on his driving record no sus- 
pension or revocation of the driving 
privilege other than for such status of- 
fenses as: 

(i) I apsed liability insurance; 
(ii) failure to appear in court; 



(iii) failure to comply with out-of-state ci- 
tation; or 

(iv) A ten-day revocation not accompanied 
by a subsequent conviction of driving 
while impaired. 
(d) Shall within a period of five years (60 
months) immediately preceding certif- 
ication have on his driving record: 

(i) No more than three convictions of 
moving violations of any kind; 

(ii) No more than two convictions of mov- 
ing violations which were the proximate 
causes of accidents; 

(iii) No conviction of driving while im- 
paired; 

(iv) No suspension or revocation of the 
driving privilege other than for: 

(A) Those status offenses enumerated in 
Paragraph (c) of this Rule, 

(B) Those offenses enumerated in G.S. 
20-16, subsections (9) and (10). 

(c) Shall have on his driving record no more 
than one conviction of driving while im- 
paired. 

(f) Shall have no "STOP" entry appearing on 
his driving record at the time of certif- 
ication. 

(g) Shall have no record of any conviction of 
a violation of the criminal code greater 
than a misdemeanor for a period of at 
least five years immediately preceding cer- 
tification, further, shall never have had 
in any jurisdiction a conviction of an of- 
fense against the public morals, including 
but not limited to rape and child 
molestation. 

(h) Shall have a driving record which in its 
overall character arouses no serious ques- 
tion about the reliability, judgment, or 
emotional stability of the applicant, 
(i) Shall successfully complete the training 
course for school bus drivers. 
(2) Physical Standards for School Bus Drivers. 
Shall be physically able-bodied and free of 
any physical handicap which might hinder 
the safe and reasonable operation of a 
loaded school bus. Shall meet the physical 
standards of the Interstate Commerce Com- 
mission for interstate operation of commer- 
cial vehicles, as set forth for school bus 
drivers by the Medical Adviser, Highway 
Safety Branch, Epidemiology Section. Divi- 
sion of Health Services, North Carolina De- 
partment of Human Resources, to wit: 
(a) A person is not medically qualified to drive 
a school bus if he or she: 
(i) Has an established medical history or 
clinical diagnosis of diabetes mcllitus cur- 



NORTH CAROLINA REGISTER 



141 



FINAL RULES 



rently requiring insulin for control (other 
drug regimens may also be disqualifying); 

(ii) Has a current clinical diagnosis of 
myocardial infarction, angina pectoris, 
coronary insufficiency, thrombosis, or any 
other cardiovascular disease of a variety 
known to be accompanied by syncope, 
dyspnea, collapse, or congestive cardiac 
failure; 

(iii) lias an established medical history or 
clinical diagnosis of a respiratory 
dysfunction likely to interfere with ability 
to control and drive a motor vehicle 
safely; 

(iv) lias a current clinical diagnosis of high 
blood pressure likely to interfere with 
ability to operate a motor vehicle safely; 

(v) Has an established medical history or 
clinical diagnosis of rheumatic, arthritic, 
orthopedic, muscular, neuromuscular, or 
vascular disease which interferes with 
ability to control and operate a motor ve- 
hicle safely; 

(vi) lias an established medical history or 
clinical diagnosis of epilepsy or any other 
condition which is likely to cause loss of 
consciousness or any loss of ability to 
control a motor vehicle; 

(vii) I las a mental, nervous, organic, or 
functional disease or psychiatric disorder 
likely to interfere with ability to drive a 
motor vehicle safely; 

(viii) Does not have a distant visual acuity 
of at least 20 40 (Snellen) in each eye 
corrected or uncorrected, field of vision 
of at least 75 degrees in the horizontal 
meridian in each eye, and the ability to 
recognize the colors of traffic signals and 
devices showing standard red, green, and 
amber; 

Note: The presence of ophthalmic disease 

such as cataracts, glaucoma, retinitis 

pigmentosa, etc., may be disqualifying. 

(ix) First perceives a forced whispered voice 
in the better ear at less than five feet with 
or without the use of a hearing aid or, if 
tested by use of an audiometric device, has 
an average hearing loss in the better ear 
greater than 40 decibels at 500 Hz, 
1,000Hz, and 2.0001 Iz with or without a 
hearing aid when the audiometric device 
is calibrated to American National Stand- 
ard (formerlv ASA Standard 
Z24.5--1951). 
(b) A person is also not medically qualified to 
drive a school bus if he or she: 

(i) Uses an amphetamine, narcotic, or any 
habit-forming drusz; 



(ii) Has a clinical diagnosis of alcoholism; 
or 

(iii) Is determined to be medically unquali- 
fied to drive after a medical examination 
or if he/she fails or refuses to submit to 
an examination every two years. 

(c) A medical report (DL-78) may be required 
of the appUcant--or if the condition be- 
comes known after certification, of the 
certified driver—for a determination of 
competency by the staff of the School Bus 
and Traffic Safety Section in consultation 
with such medical authorities as may be 
designated by the Medical Adviser. 

(d) Any school bus driver aged 65 and older 
shall be required annually to submit a 
statement from his personal physician, on 
a form supplied by the Division of Motor 
Vehicles, that he is fit and able to operate 
a school bus safely. 

History Sote: Statutory Authority G.S. 
20-39 (b); 20-218: 
Eff. April 1. 19S9. 

.0206 PERIOD OF CERTIFICATION 

A school bus driver certificate shall be valid for 
a period of four years from the date of certif- 
ication. As of January 1, 1990, the period of 
validity shall be reduced to two \ears from the 
date of certification. 



Ilistori' Sotc: Statutory 
20-39(b); 20-218; 
Eff April 1, 1989. 



lulhority G.S. 



.0207 RENEWAL OF CERTIFICATION 

After January 1. 1990, any driver whose certif- 
ication expires must be re-certified every two 
years upon passing a written test, a road test, and 
an eye test. A driver may be exempted from the 
written test, provided he has had at least two 
hours of in-service training since his last certif- 
ication. Any driver whose certification expires 
may be rc-ccrtified within the next two years fol- 
lowing the expiration upon passing a written test, 
a road test, and an eye test. If more than two 
years have elapsed since the expiration of the 
most recent certification, the applicant must 
complete the full training course required of a 
beginning driver. 

History Note: Statuton' Authority G.S. 
20-39 '(b): 20-218; 
Eff. April 1. 1989. 

.0208 TRANSFER OF CERTIFICATION 



142 



NORTH CAROLINA REGISTER 



FINAL RULES 



Certification as a school bus driver may be 
transferred from any part of this state to any 
other, under the following conditions: 

(1) All records compiled by the Driver Educa- 
tion Specialist in the former district for 
which the driver drove shall be forwarded to 
the Driver Education Specialist in the new 
district. 

(2) The driver must meet all requirements of 
the school system in the new district and 
accept any training which may be required 
by school officials and the Driver Education 
Specialist working in that area. 



History Note: Statutory 
20-39(b); 20-218; 
Eff. April I, 1989. 



Authority G.S. 



.0209 CANCELLATION OF CERTIFICATION 

The Division of Motor Vehicles shall cancel the 
school bus driver certificate of any driver for the 
following reasons: 

(1) Any determination that the certificate was 
issued on the basis of misinformation, false 
statements, or fraud. 

(2) A suspension, revocation, or cancellation 
of the driver license. 

(3) Conviction of a motor vehicle moving of- 
fense, to the following extent: 

(a) Driving while impaired: 

(b) Passing a stopped school bus; 

(c) Hit and run; 

(d) Reckless driving; 

(e) Speeding more than 15 mph above the 
posted limit; 

(f) Two convictions within a period of 12 
months; 

(g) A conviction of violation committed while 
operating a school bus. 

(4) A determination of physical or mental in- 
adequacy under the provisions of the phys- 
ical requirements noted in Rule .0205 of this 
Section. 

(5) A local cancellation of certification, in the 
discretion of the local administrative unit, 
for violation of local regulations, submitted 
formally to the Driver Education Specialist 
for cancellation at the state level. 

(6) Upon recommendation of the Driver Edu- 
cation Specialist or local school officials, the 
Division of Motor Vehicles may require re- 
examination of any certified driver whose 
qualifications become questionable or who 
exhibits evidence of improper or unsafe 
driving practices and driving procedures. 

(7) A driving record which in its overall char- 
acter arouses serious question about the re- 
liability, judgment, or emotional stability of 
the driver. 



History Note: Statutory Authority G.S. 
20-39(h); 20-218; 
/iff. April I, 1989. 

.0210 APPEAL OF CANCELLATION OF 
CERTIFICATION 

Any driver whose certificate is cancelled under 
Rule ,0209(3)(g) of this Section shall have the 
opportunity to forward an appeal to the director 
of the School Bus and Traffic Safety Section in 
Raleigh, stating the special circumstances which 
the driver feels should be considered in mitigation 
of the cancellation. The Director of the School 
Bus and Traffic Safety Section shall appoint such 
members of an appeals committee as he shall 
deem appropriate to consider such appeals; and 
his decision shall be final. 

History Note: Stalutoiy Authority G.S. 
20-39(b); 20-2/8; 
Eff April 1, 1989. 

.021 1 SUSPENSION FOR FAILURE TO 
APPEAR IN COURT 

A driver who fails to appear in court as sched- 
uled to answer charges shall be suspended pend- 
ing the actual appearance in court of the driver 
and the disposition of the case. 

History Note: Stalutoiy Authority G.S. 
20-39(b); 20-2/8; 
Eff. April I. 1989. 

.0212 DATE OF CANCELLATION 

The date of cancellation is the day on which the 
pocket card in the possession of the driver is 
surrendered to the Division of Motor Vehicles 
or its representative, or if the certificate or pocket 
card be not available, then that day upon which 
due notification is given to the immediate supe- 
rior for whom the driver drives, Erom this date 
any pocket card or certificate which may for any 
reason remain in the possession of the driver or 
any other person or institution shall be null and 
void. 

The Driver Education Specialist shall mail a 
letter to any school bus driver who cannot be 
located, informing said driver of the cancellation 
of his school bus driver certificate. The date of 
the letter shall be deemed the date of cancella- 
tion. The use of the mailing address on the 
driving record sent to the Driver Education Spe- 
cialist shall be deemed sufficient. A copy of this 
letter shall be submitted to the Director of 
Transportation. 

History Note: Stalutoiy Authority G.S. 
20-39(b); 20-2/8; 



NORTH CAROLINA REGISTER 



143 



FINAL RULES 



Eff. April I. 19X9. 

.0213 RENEWAL OF CERTIFICATION AFTER 
CANCELLATION 

(a) Any driver whose school bus driver certif- 
icate has been canceled shall not be eligible to 
apply for re-certification for a period of six 
months from the date of cancellation. Any per- 
son so applying must be recommended by the 
superintendent or principal of the school and 
shall be required to complete the full training 
course required for a beginning driver. Such 
person must meet all the requirements of an ori- 
ginal applicant. 

(b) The only exceptions to this policy shall be 
in the case of a local cancellation, in which a 
written request from the school authorities will 
be required, and in the case of a suspension for 
the duration of a status offense such as lapsed li- 
ability insurance, failure to appear in court, or 
failure to comply with an out-of-state citation. 

(c) for the purposes of this Section a ten-day 
revocation shall be considered a suspension for 
an actual driving action. The full six-month pe- 
riod from the date of cancellation must have 
elapsed and the case must have been adjudicated 
before the driver can be reconsidered. 

History Sole: Statutory Authority G.S. 
20-39(b); 20-2 IS; 
Iff April I. 19X9. 

SUBCHAPTER 31 - RULES AND REGULATIONS 

CON ERNING THE LICENSING OK 

COMMERCIAL DRIVF.R TRAINING SCHOOLS 

AND INSTRUCTIONS 

SECTION .0200 - REQUIREMENTS AND 

APPLICATIONS FOR COMMERCIAL DRIVER 

TRAINING SCHOOLS 

.0201 REQUIREMENTS 

The Division shall not issue a commercial driver 
training school license to any individual, part- 
nership, group, association or corporation unless: 

(1) The individual, partnership, group, associ- 
ation or corporation has at least one motor 
vehicle registered or leased in the name of 
the school, which vehicle has been inspected 
by a representative of the Division and ve- 
hicle insurance certified as required by these 
Regulations for use by the school for driver 
training purposes and driver instruction. 

(2) The individual, partnership, group, associ- 
ation, or corporation has at least one person 
licensed by the Division as a commercial 
driver training instructor for that school. 

(3) bach manager, owner-operator, or instruc- 
tor ol a commercial driver training school 
or branch shall: 



(a) be of good moral character; 

(b) have at least four years of experience as a 
licensed operator of a motor vehicle; 

(c) not have been convicted of a felony or 
convicted of a misdemeanor involving 
moral turpitude in the ten years imme- 
diately preceding the date of application; 

(d) not have had a revocation or suspension 
of his Class A, B or C license in the two 
years immediately preceding the date of 
application. 

History Mote: Statutory Authority G.S. 
20-322; 

Eff. July 2, 1979; 

Amended Eff. April 1, 19X9; May 1, 19X7; 
June I, 19X2. 

.0202 ORIGINAL APPLICATION 

bach original application for a commercial 
driver training school license shall consist of the 
following: 

( 1) Application for license; 

(2) Personal history statement of owner- 
operator or manager. This information is 
confidential and for use by the Division 
only; 

(3) Proposed plan of operation; 

(4) Proof of liability insurance; 

(5) Sample copies of contracts; 

(6) A check or monev order in the amount of 
forty dollars ($40.00). This fee is due for 
both original and renewal applications for 
license; 

(7) Certificate of assumed name; 

(8) Surety Bond; 

(9) A report from the appropriate government 
agency indicating that the location or lo- 
cations meet fire safety standards; 

( 10) A report from the appropriate government 
agency indicating that the facilities comply 
with building code standards; 

(11) A report from the appropriate government 
agency indicating that the facilities comply 
with the appropriate sanitation require- 
ments; 

(12) In localities that require the three in- 
spections noted in Paragraphs (9), (10) and 
(11) of this Rule, prior to issuing a Certif- 
icate of Occupancy, the Certificate of Occu- 
pancy may be accepted by the Division in 
lieu of the inspections; 

(13) A copy of the deed, lease, or other legal 
instruments authorizing the school to oc- 
cupy such locations. 

History Sole: Statuton' Authority G.S. 
20-322 through 20-324; 

Eff. July 2. 1979; 



144 



NORTH CAROLINA REGISTER 



FINAL RULES 



Amended Eff. April I, 1989; May I, 1987; 
June 1, 1982. 

SECTION .0300 - SCHOOL LOCATION: 

PHYSICAL FACILITIES: AND COURSES 

OF INSTRUCTION 

.0303 CLASSROOM FACILITY 

Classwork can only be conducted in locations 
approved by the Division of Motor Vehicles. 
The classroom facility shall meet the following 
minimum requirements: 

(1) a minimum overall si/.e of not less than 120 
square feet (which includes at least 70 square 
feet for the instructor and his equipment and 
at least 12 square feet for each student); 

(2) lighting, heating, and ventilation systems 
that are in compliance with all state and lo- 
cal laws and ordinances including, but not 
limited to, zoning, public health, safety, and 
sanitation; 

(3) seats and writing surfaces for all students; 
blackboards visible from all seats; charts, di- 
agrams, mock-ups and pictures relating to 
the operation of motor vehicles, traffic laws, 
physical forces, and correct driving proce- 
dures; a copy of the Driver's Handbook 
published by the Division for each student; 
and other textbooks deemed necessary by 
the instructor; and 

(4) restroom facilities sufficient for the class size 
must be provided. 

History Sole: Statutory Authority G.S. 
20-322 through 20-324; 
Eff. July 2. 1979; 
Amended Eff. April I, 1989; June I. 1982. 

.0307 COURSES OF INSTRUCTION 

Commercial driver training schools arc author- 
ized to teach the following courses: 
(1) For unlicensed persons 18 years of age or 
older, a course as follows: 

(a) Classroom Instruction. A minimum of 
six hours, including (but not limited to) 
rales of the road and other laws and reg- 
ulations affecting the operation of motor 
vehicles, safe driving practices, pedestrian 
safety, and the general responsibilities of 
the driver. 

(b) Behind-thc-Whcel Instruction. A mini- 
mum of six hours, including instruction 
and practice in all the basic physical skills 
necessary for proper control of a motor 
vehicle in all normal driving situations, 
such as starting, stopping, steering and 
turning, controlling the vehicle in traffic, 
backing, and parking. 

(c) A person holding a valid learner's permit 
issued by the driver license section of the 



Division shall not be required to take the 
six hours of classroom instruction set 
forth in Subparagraph (a) of this Para- 
graph. 
(d) A person holding a valid learner's permit 
or driver's license issued by the Driver 
I icense Section of the Division may con- 
tract for any portion of the six-hour 
behind-the- wheel instruction. 

(2) For licensed persons a course for purposes 
of driver improvement, such as improving 
their knowledge and skill in the operation 
of a motor vehicle. 

(3) For unlicensed persons under the age of 1 S 
years, a course which must be approved by 
the Commissioner and the State Super- 
intendent of Public Instruction as follows: 

(a) Classroom Instruction. Does not include 
workbook assignments or other work out 
of the presence of an instructor. A mini- 
mum of 30 hours, consisting of instruc- 
tion in: 

(i) highway transportation: its social and 
economic influences upon life in America; 

(ii) drivers: their physical and mental char- 
acteristics and how their capabilities and 
limitations influence the traffic scene; 

(iii) the automobile: its construction, 
maintenance, and safe operation; 

(iv) traffic law and enforcement: laws of 
nature and man-made laws; and their re- 
lationship to traffic safety; 

(v) pedestrians and bicycles: their influence 
upon the traffic scene; and 

(vi) engineering: its influence upon auto- 
mobiles, highways, traffic controls, and 
people. 

(vii) driving while impaired; 6 hours of in- 
struction on the effects of drinking upon 
driving and upon accident and death rates; 
and 

(viii) rights and privileges of handicapped 
persons; their rights to use flags, placards, 
cards, license plates, and parking places. 

(b) Hehind-the-Whecl Instruction. A mini- 
mum of six hours, actually under the 
wheel, including: 

(i) familiarization with the automobile; the 
use of its controls; and the development 
of skills essential to safe operation in traf- 
fic; and 

(ii) driving in traffic with the instructor in 
a dual control car to develop abilities 
needed to follow the soundest course of 
action in responding to complex situ- 
ations. 

(c) Restrictions: 

(i) Behind-the-YVheel instruction shall be 
offered to a student only after he has suc- 



NORTH CAROLINA REGISTER 



N5 



FINAL RULES 



ccssfully completed the classwork section. 
II a student has contracted for both class- 
work and behind-the-wheel training, 
behind-thc-wheel training may begin after 
classwork starts and before classwork has 
been completed. At no time should a 
student be taken out of class to attend 
behind-the-wheel training. 

(ii) No student shall operate a motor vehi- 
cle upon any public street or highway 
unless such student shall have in his im- 
mediate possession a valid learner's permit 
issued bv the Division. 

(in) No more than three hours of behind- 
the-wheel training shall be given in any 
one day. A written record indicating the 
date and time of this training should be 
kept on file for each student. The record 
must be signed by the student and not 
include observation of other students, 
(d) Other requirements: 

(i) Plans tor the content of the curriculum, 
its organization, and presentation shall be 
submitted on form SBTS-610 for the 
approval of the commissioner and the 
State Superintendent oi Public Instruc- 
tion. In addition, lesson plans for each 
ot the 30 hours must be submitted. This 
course should meet the minimum re- 
quirements o\ the Driver lducation 
Course (No. SSI, see page Id) of the 
North Carolina Department of Public In- 
struction, lor further information, see 
"Driver lducation, A Manual for In- 
structors" (State Department of Public 
Instruction, Publication Number 288). 

(ii) Textbooks lor use m the classwork sec- 
tion are to be chosen from those approved 
bv the State Superintendent of Public In- 
struction. 

(in) Instructors must be approved by both 
the Commissioner and the State Super- 
intendent ill Public Instruction. 

(iv) All expenses incurred in offering and 
teaching these courses shall be paid by the 
persons enrolled therein or the school of- 
fering the course. 

(v) A student may enroll lor cither the 
classroom work or bchind-thc-whccl in- 
struction, or both. A school may accept 
certification oi satisfactory completion of 
classroom instruction from any school 
authorized to oiler such a course, pro- 
\ided the certificate (form SBIS-MIA) 
is signed by the principal of the public 
school, or the superintendent of the ad- 
ministrative unit ot which it is a part, or 
the executive officer of a non-public sec- 
ondare school. All SBTS-611A forms 



should be mailed or taken directly to the 
high school for completion by the com- 
mercial school owner or instructor. Un- 
der no circumstances should the form be 
given to the student, 

(vi) Schools offering this course shall issue 
to their students upon satisfactory com- 
pletion of either or both parts of the 
course a certificate furnished by the Divi- 
sion (Form SBTS-611). Schools shall be 
accountable to the Division tor all certif- 
icates issued to them. 

(vii) The student, upon submitting certif- 
ication of satisfactory completion of both 
parts of the driver education course, shall 
be eligible for licensing as provided by 
law . Such certification may be from ei- 
ther or both a public or non-public sec- 
ondary school or a commercial driver 
training school. 

(viii) Schools shall submit reports to the 
Division, as may be required by the Divi- 
sion; and their books and records shall be 
open to inspection by Division represen- 
tatives at all reasonable times, 
(e) A person satisfactorily completing the 30 
and six hour course who desires additional 
training may contract for any portion of 
the six-hour behind-the-wheel instruction. 
(4) Tor licensed persons taking a course offered 

by a restricted commercial driver training 

school, the following courses are authorized: 



a) 



(b) 

( 
( 
( 
( 

:?) 

(a) 
(b) 
(c) 



curriculum for evaluation and improve- 
ment for licensed adult drivers only, uti- 
lizing over-the-road observation m 
vehicles not owned by the school or 
equipment such as driving simulators; 

professional curricula, including one or 
more of the following: 
) police pursuit driving; 
i) auto-cross driv ing; 
ii) emergency-vehicle driving; or 
v) road and track racing. 
Instructor training program requirements: 
school must be licensed one full year prior 
to approval; 

all work must be with an instructor li- 
censed as an Instructor Trainer; 
submit a proposed plan of operation out- 
lining the training schedule, including: 
(i) teaching methods, 
(n) writing lesson plans, 
(in) review of Rules and Regulations Gov- 
erning the I icensing of Commercial 
Driver Training Schools and Instructors, 
(iv) use of audio visual equipment and 

teaching aids, 
(v) familiarization of commercial school 
forms, and 



146 



NORTH CAROLINA REGISTER 



FINAL RULES 



(vi) names of Instructor Trainers. 

History Note: Statutory Authority G.S. 
20-322 through 20-324; 
Eff. July 2, 1979; 

Amended Eff. April I. 1989; May I, 1987; 
March I. 1984; February I, 1983. 

SECTION .0500 - REQUIREMENTS AND 

APPLICATIONS FOR DRIVER TRAINING 

INSTRUCTOR 

.0501 REQUIREMENTS 

(a) Each instructor of a commercial driver 
training school or branch shall: 

(1) be of good moral character; 

(2) have at least four years of experience as 
a licensed operator of a motor vehicle; 

(3) not have been convicted of a felony or 
convicted of a misdemeanor involving 
moral turpitude in the ten years imme- 
diately preceding the date of application; 

(4) not have had a revocation or suspension 
of his driver's license in the two years im- 
mediately preceding the date of applica- 
tion; 

(5) have graduated from high school or hold 
a high school equivalency certificate; 

(6) not have had convictions for moving vi- 
olations totaling seven or more points in 
the two years preceding the date of appli- 
cation; 

(7) have completed the two-semester hour, 
college credit preparatory course for 
teachers; an equivalent course approved 
by the commissioner, or an Instructor 
Training Program conducted by an ap- 
proved Commercial Driver Training 
School; 

(8) successfully complete the written test ad- 
ministered by a Driver Education Spe- 
cialist; (Allowed only one retest) 

(9) successfully complete the Miller Road 
Test given by a Driver Education Spe- 
cialist; (Allowed only one retest) 

(10) be given a three month probation period 
until evaluated and recommended by a 
Driver Education Specialist. 

(b) An applicant may apply for an instructor's 
learner's permit which would be valid for three 
months. To be eligible for an instructor's 
learner's permit, the applicant shall meet re- 
quirements (a) (1) through (6); and shall: 

( 1) submit an Instructor Application with an 
eight dollar ($8.00) application fee, copy 
of high school diploma or high school 
equivalency certificate, and physical ex- 
amination form; 



(2) successfully complete 30 hours of class- 
work as a student at an approved com- 
mercial driver training school; 

(3) successfully complete six hours of 
behind-the-wheel training as a student at 
an approved commercial driver training 
school; 

(4) successfully complete six hours of obser- 
vation of behind-the-wheel instruction of 
a new driver by a licensed instructor; 

(5) successfully complete the written test ad- 
ministered by a Driver Education Spe- 
cialist; (Allowed only one retest) 

(6) successfully complete the Miller Road 
Test given by a Driver Education Spe- 
cialist; (Allowed only one retest) 

(7) shall after completing (b)(1) through (6) 
practice teach in the presence of an in- 
structor trainer; 

(8) successfully complete two hours of class- 
room instruction while being observed by 
a Driver T'ducation Specialist; 

(9) successfully complete two hours of 
behind-the-wheel instruction while being 
observed by a Driver Education Specialist; 

(10) be recommended by a Driver Education 

Specialist to receive an instructor's license. 

(c) An instructor at an approved commercial 

driver training school may apply for an Instructor 

Trainer license. The Instructor Trainer shall: 

( 1 ) have five consecutive years as an active 
licensed instructor; 

(2) submit an application for Instructor 
Trainer license with a fee of eight dollars 
($8.00); 

(3) complete two hours of classroom obser- 
vation by a Driver Education Specialist; 

(4) complete two hours of behind-the-wheel 
observation by a Driver Education Spe- 
cialist; 

(5) successfully complete the written test ad- 
ministered by a Driver Education Spe- 
cialist; (Allowed only one retest) 

(6) successfully complete the Miller Road 
Test given by a Driver Tducation Spe- 
cialist; (Allowed only one retest) 

(7) be recommended by a Driver Education 
Specialist; 

(S) must rcqualify each school year. 

History Sole: Statutory Authority G.S. 
20-322 through 20-324; 
Eff. July 2. 1979; 

Amended Eff. April I. 1989; February I. 1988; 
May I. 1987; June I. 1982. 

SECTION .0800 - LICENSE REVOCATION OR 
SUSPENSION 



NORTH CAROLINA REGISTER 



147 



FINAL RULES 



.0801 GROUNDS FOR REVOCATION OR 
SUSPENSION 

The license of any commercial driver training 
school may be suspended or revoked by the Di- 
vision if the licensee violates any provision of 
Article 14, Chapter 20 of the North Carolina 
General Statutes, or if the licensee violates any 
rule or regulation adopted pursuant to that arti- 
cle. In addition, a license may be suspended or 
revoked for any one of the following reasons: 

(1) conviction of the owner, manager, or any 
agent or employee of the school of a felony 
or any misdemeanor involving moral 
turpitude; 

(2) knowingly submitting to the Division false 
or misleading information relating to eligi- 
bility for a license; 

(3) evidence of substance abuse by the owner, 
manager, any agent or employee of the 
school; 

(4) failure or refusal to permit an authorized 
representative of the Division to inspect the 
school, equipment, records, or motor vehi- 
cles used to teach students; or failure or re- 
fusal to furnish full information pertaining 
to any and all requirements set forth in these 



regulations or in the application for the li- 
cense; 

(5) failure to maintain adequate standards of 
instruction, such as but not limited to, either 
through lack of qualified instructors or 
through lack of equipment sufficient to ade- 
quately perform the course of instruction; 

(6) employment of any instructor who is not 
licensed by the Division; 

(7) failure of new owner to apply for and be 
licensed by the Division as a school under 
new ownership and also failure to notify the 
Division within the specified time of any 
change in management of the school; 

(8) aiding or assisting any person to obtain a 
driver's license by fraud (revocation in this 
instance shall be permanent); 

(9) unauthorized possession of application 
forms or examinations used by the Division 
to determine the qualification of an appli- 
cant for a driver's license. 

History Sole: Statutory Authority G.S. 
20-325; 

Eff. July 2, 1979; 
Amended Eff. April 1, 1989; May 1, 1987. 



US 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel", Office of 

26 /Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, I icensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Fxaminers of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 I Icaring Aid Dealers and Titters Board 
26 I andscapc Architects. I icensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Pxaminers, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators. Board of 

38 Occupational Therapists. Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



NOR TH CA ROLINA REGIS TER 149 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and I leating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Instate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



150 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 


1990 


Pages 


Issue 


1 - 151 


1 - April 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

1'R - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NT - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 



ADMINISTRATIVE ORDER 

Administrative Order, 4 

FINAL DECISION LE1TERS 

Voting Rights Act, 5 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1 

HUMAN RESOURCES 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR 
Vocational Rehabilitation Services, 7 PR 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Community Assistance, 134 PR 
Environmental Management, 18 PR 
Marine Fisheries, 47 PR 
Wildlife Resources and Water Safety, 134 PR 



TRANSPORTATION 

Division of Motor Vehicles, 140 I R 



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